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No
thank you Bill, I wouldn't touch the AAPS. You and they have a right to
your views. I do not share them.
While
I would find it instructive to create an OBJECTIVE base line for compliance, I
don't believe the AAPS has done that, nor able. But should they wish
to, I'm sure that industry and the federal government would be happy to review
it against objective conformance criteria.
Tim McGuinness,
Ph.D.
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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
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