Re: WEDI/SNIP - Non-compliance model

[fwdanby]

Tim McGuinness wrote re Non-compliance model   "However, it occurs to me that we are seeing a significant issue emerge that requires addressing:    What are the actual requirements for legal non-participation in HIPAA?  From my perspective, I can not see how any modern practice can not engage in some form of arguably covered transactions which trigger HIPAA covered entity or business associate status.  Even if they sub-contract the transactions services, they're still a covered entity per CMS/OCR.   And, as I have stated before, I think the Privacy and Security Rules are generally a good steps forward.   So, exactly what does a business have to give up to not be covered under HIPAA?  What I am asking is: should SNIP develop a document that clearly states what these requirements are?  Until such a document exists, business people can not objectively evaluate non-applicability from non-compliance. Nor can they look at the real loss of business that I believe such moves would entail.   I, for one, would be very interested in participating is such a project.  I, like many, have found it difficult to express to potential covered entities what their options are in this regard.  So I believe that a non-applicability implementation guide is ultimately the only way to resolve this.  Or do we simply leave it up to OCR enforcement and case law to determine this?   *** You could start here...................................................... The following is from Andy Schlafly, Esq., AAPS General Counsel. Thank you for the latest CMA (California Med Assoc) advisory on HIPAA.  Due to AAPS, CMA is  finally recognizing that physicians can avoid HIPAA.  The CMA is still  trying to sell its HIPAA materials, though, which probably distorts its  thinking.   CMA restates the argument that eschewing electronic claims will cause  delays in payment.  As an AAPS member pointed out, however, that delay is  just a one-time lapse at the beginning.  There will not be any ongoing loss  in monthly revenue.   Andy Schlafly, Esq. 908-719-8608 AAPS General Counsel A Voice for Private Physicians Since 1943   Perhaps a phone call is in order? Bill Danby ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited.