RE: Receipt of PHI
Please reply all. -Original Message- From: Marcus E. McCrory [mailto:[EMAIL PROTECTED] Sent: Friday, March 28, 2003 11:13 AM To: WEDI SNIP Privacy Workgroup List Subject: Receipt of PHI I would appreciate any suggestions on how a business associate should address the receipt of PHI from a covered entity that has been sent across an open network (without encryption) after the Privacy Rule is enforceable. Thank you. Marcus McCrory --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Grievance, Notice of PP
Title: Message You may just list the title of the person in your office who is responsible for receiving complaints, along with the phone number. It's not required that you provide the contact information for the Secretary, but I think it's a good idea to be forthcoming with that information. By listing the title or office, you won't need to change your Notice whenever personnel designations change. Here are the citations from the Final Rule: § 164.520 Notice of privacy practices for protected health information (vi) Complaints. The notice must contain a statement that individuals may complain to the covered entity and to the Secretary if they believe their privacy rights have been violated, a brief description of how the individual may file a complaint with the covered entity, and a statement that the individual will not be retaliated against for filing a complaint. (vii) Contact. The notice must contain the name, or title, and telephone number of a person or office to contact for further information as required by § 164.530(a)(1)(ii). § 164.530 Administrative requirements. (a)(1) Standard: personnel designations. (i) A covered entity must designate a privacy official who is responsible for the development and implementation of the policies and procedures of the entity. (ii) A covered entity must designate a contact person or office who is responsible for receiving complaints under this section and who is able to provide further information about matters covered by the notice required by § 164.520. Regards, Sherry L. Neuman, PharmD Compliance Solutions for Healthcare [EMAIL PROTECTED] Direct: 209-744-0447 Mobile: 916-747-0999 HIPAA Privacy Deadline is April 14, 2003! -Original Message-From: Deborah Campbell [mailto:[EMAIL PROTECTED] Sent: Tuesday, March 18, 2003 12:34 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Grievance, Notice of PP I survived another list serve about this same question. We do have to say in the Notice that they can complain directly to the Secretary. But the regs do not say you have to list the contact info for them (you do for your organization.) After asking the other list serve, the majority of people said they were not including the contact info for the Secretary in their Notice. But they would include it in a resolution letter about a complaint and would supply it if they were asked. Hope that helps. Deborah Campbell Compliance Coordinator Dominion Dental Services, Inc. 115 South Union Street, Suite 300 Alexandria, Virginia 22314 Phn: (703) 518-5000 ext. 3035 Fax: (703) 518-8849 Toll Free: 888-518-5338 Email: [EMAIL PROTECTED] *** The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. * -Original Message- From: Craig Moen [mailto:[EMAIL PROTECTED]] Sent: Tuesday, March 18, 2003 2:35 PM To: WEDI SNIP Privacy Workgroup List Subject: Grievance, Notice of PP On our notice we have listed detailed information on who to contact at our office in the event of a complaint. We also state that the patient may complain directly to the U.S. Secretary of DHHS. 1. Does that need to be listed?(seems like I remember it has to be on the NPP) 2. Do we need to list the address/contact to file a complaint specifically to DHHS as we did to complain to us? Craig Moen Director of Rehab THERAPY 2000 Confidential Information This email message is intended only for the person or entity to which it is addressed. Unless otherwise indicated or obvious by the nature of this transmittal, the information contained in this email message is privileged and confidential, intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message THERAPY 2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 --- 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/. These listservs should
RE: NPP type size?
Title: Message I cited the response that follows regarding 12-point type requirements for notices and forms in California. Would you happen to have the citation for that?Thanks.-Original Message-From: Stanton, Clark [mailto:[EMAIL PROTECTED]]Sent: Monday, February 03, 2003 8:27 AMTo: Health Information and Technology ListSubject: [hit] RE: Privacy Notice/Font SizeI have not seen anything at the federal level. California passed a law last year that requires notices and forms given to patients be in at least 12 point type.Clark StantonDavis Wright Tremaine LLPSan Francisco-Original Message-From: Keith Tularaksa [mailto:[EMAIL PROTECTED]]Sent: Tuesday, March 18, 2003 1:26 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: NPP type size?I'm sorry to beat this one to death, but is there a citation for California stating that the font size has to be 12 pt for NPP?Thanks,Keith TularaksaHIPAA Project ManagerStar HRG(602) 749-7600, ext. 1490email: [EMAIL PROTECTED]-Original Message-From: Sherry Neuman [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 11:29 AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: NPP type size?This question was asked recently, and the answer was that in California the type size must be 12 pt.Also:From the final Privacy Regulation Preamble:"Plain Language As in the proposed rule, we require the notice to be written in plain language. A covered entity can satisfy the plain language requirement if it makes a reasonable effort to: organize material to serve the needs of the reader; write short sentences in the active voice, using ``you'' and other pronouns; use common, everyday words in sentences; and divide material into short sections.[[Page 82549]] We do not require particular formatting specifications, such as easy-to-read design features (e.g., lists, tables, graphics, contrasting colors, and white space), TYPE FACE, AND FONT SIZE. However, the purpose of the notice is to inform the recipients about their rights and how protected health information collected about them may be used or disclosed. Recipients who cannot understand the covered entity's notice will miss important information about their rights under this rule and about how the covered entity is protecting health information about them. One of the goals of this rule is to create an environment of open communication and transparency with respect to the use and disclosure of protected health information. A lack of clarity in the notice could undermine this goal and create misunderstandings. Covered entities have an incentive to make their notice statements clear and concise. We believe that the more understandable the notice is, the more confidence the public will have in the covered entity's commitment to protecting the privacy of health information"and"Comment: We received many comments on the model notice provided in the proposed ruleA few commenters recommended specific formatting requirements, such as FONT SIZE OR TYPE. Response: On the whole, we found commenters' arguments for flexibility in the regulation more persuasive than those arguing for more standardization. We agree that a uniform notice would not capture the wide variation in information practices across covered entities. We therefore do not include a model notice in the final rule, and do not require inclusion of specific language in the notice (except for a standard header). We also do not require particular formatting. We do, however, require the notice to be written in plain language. (See above for guidance on writing documents in plain language.) We also agree with commenters that the notice should contain a standard header to draw the individual's attention to the notice and facilitate the individual's ability to recognize the notice across covered entities" (emphases added)-Original Message-From: Musser, Marilyn J [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 10:16 AMTo: Sherry Neuman; WEDI SNIP Privacy Workgroup ListSubject: RE: NPP type size?Hi- the body type for our NOPP is 10 pt - see it on our web site: http://www.wellmark.com/e_business/pdf/T-2601.pdfMarilyn MusserProvider Relations ManagerHIPAA-AS Communications OfficeWellmark, Inc.phone: 515.248.5588fax: 515.245.4620[EMAIL PROTECTED]-Original Message-From: Sherry Neuman [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 10:55 AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: NPP type size?Please reply to all.-Original Message-From: Beth Cole [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 7:23 AMTo: WEDI SNIP Privacy Workgroup ListSubject: NPP type size?I've seen several references on various mailing lists to something saidat one of the OCR regional conferences regarding the mandated font sizeof the NPP. What I'm seeing indicates that attendees at the conferencewere told that in order to comply with other Medicare
RE: NPP in Other Languages
Title: Message In the compliance tool I have developed, I am offering not just the Notice in Spanish but the other important "patient" documents as well--the Authorization, Requests for Restrictions/Confidential Communications/Access/Amendment forms and the letters to patients denying access/amendment, as well as the complaint form.If the practice needs languages other than Spanish, I am leaving it up to them to get translations.I hope this helps. Regards, Sherry L. Neuman, PharmD Compliance Solutions for Healthcare Direct: 209-744-0447 Mobile: 916-747-0999 [EMAIL PROTECTED] HIPAA Privacy Deadline is April 14, 2003 -Original Message-From: Kathy Findley [mailto:[EMAIL PROTECTED]]Sent: Monday, March 17, 2003 11:08 AMTo: WEDI SNIP Privacy Workgroup ListSubject: NPP in Other LanguagesHello All!I don't belive it's required according to the regulations, however, what is everyone doing about having a version of the NPP in Spanish or other languages? KfKathy FindleyCoordinator - Information Services and HIPAASt. Joseph's Hospital Health CenterPhone - (315) 448-6111Beeper - (315) 467-4180Text Page - [EMAIL PROTECTED]---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: NPP type size?
Please reply to all. -Original Message- From: Beth Cole [mailto:[EMAIL PROTECTED] Sent: Friday, March 14, 2003 7:23 AM To: WEDI SNIP Privacy Workgroup List Subject: NPP type size? I've seen several references on various mailing lists to something said at one of the OCR regional conferences regarding the mandated font size of the NPP. What I'm seeing indicates that attendees at the conference were told that in order to comply with other Medicare regulations, the type size had to be no less than 12 point. If we take it to 12 point, our NPP is at 8 pages. If we put it at either 9 or 10 point, it's a 4. So, this is slightly worrisome to us. Can anyone give me a black-letter law or regulation citation on this, or was this someone talking at a conference who didn't know what he was talking about? Thanks! Beth -- Beth Cole Information Services Support Specialist Newman Regional Health Emporia, Kansas --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
