RE: named Privacy officer on NPP, posting
Mr. Astle -- I am an attorney who listened to the OCR chief speak at the WEDI SNIP HIPAA conference last week. Mr. Campanelli and his colleague from CMS Mr. Nachimson each emphasized that the Privacy and Security rules are intended to be implemented flexibly, scalably, and reasonably. The Privacy Rule itself does not prescribe any specific format for posting the NPP beyond requiring that the posting be clear and prominent and allow people to read it. I think that the approach that Mr. Fairley suggested is a reasonable approach that complies with the Privacy Rule, particularly if it is small waiting room. See the 12.03.02 OCR guidance: Q. Are health care providers required by the HIPAA Privacy Rule to post their entire notice at their facility or may they post just a brief description of the notice? A. Covered health care providers that maintain an office or other physical site where they provide health care directly to individuals are required to post their entire notice at the facility in a clear and prominent location. The Privacy Rule, however, does not prescribe any specific format for the posted notice, just that it include the same information that is distributed directly to the individual. Covered health care providers have discretion to design the posted notice in a manner that works best for their facility, which may be to simply post a copy of the pages of the notice that is provided directly to individuals. In answer to Mr Fairley's first question, it's my experience that covered entities are providing the title of a contact/privacy official (and phone number)rather than a name as the person filling that title can change. This is consistent with the Privacy Rule, § 164.520: (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) [referencing the complaint contact who may also be the privacy official]. The policies and procedures, of course, actually must name an individual. Best regards, Dave Ermer Gordon & Barnett Attorneys at Law 1133 21st St., NW, Suite 450 Washington, DC 20036 202-833-3400 ext 3009 (voice) 202-223-0120 (fax) www.gordon-barnett.com >>> "Astle, Jay C." <[EMAIL PROTECTED]> 03/13/03 14:46 PM >>> Mr. Fairley, in response to your question #2: I am not an attorney, but I would advise that any time you are taking an action that you realize is probably against the intent of the law, even if it may successfully be argued to technically meet the requirements of the law, is bad policy. Especially if there is an alternative that can cost-effectively meet the requirement. I have worked with clients who have taken their proposal, also approximately 6 pages, and had it turned into a poster format. It contained all the same information, and even in the same order, but headings, fonts, and column sizes were modified to make a convenient & professional looking poster. This option may or may not solve your space issue, but it will clearly meet the posting requirement in a manner which is not "trashy." Regards, Jay Astle HIPAA Consultant Unisys Corporation 703-556-5946 -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, March 10, 2003 12:39 PM To: WEDI SNIP Privacy Workgroup List Subject: named Privacy officer on NPP, posting I have two quick questions for the group: 1. When your Notice of Privacy Practices (NPP) says to contact the Privacy Officer for such and such, does the Privacy Officer need to be a NAMED individual or can you just list the title of the contact person (e.g., the Privacy Officer)? 2.Since the law calls for a "posting" of the NPP, can we display a stapled copy of our 6 page NPP in a locked bulletin board (which would then just show the first page of the NPP) and then have a sign next to this "displayed" NPP that tells the inquisitive patient where in our office they can get a complete copy of the NPP if they wish? I realize that this proposal probably goes against the intent of this provision of the law but would it be technically be sufficient to meet the requirements of this provision? Reasons behind such a proposal are 1. Space is a problem, 2. Hanging up a 6-8 page NPP looks trashy. 3. All patient's will be personally handed the NPP so what's the point of posting it anyway? 4. And we would be "posting" it, it's just that you could not read all the pages of the posted version! Thanks for all advice provided. Rich Fairley --- 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 Issue
RE: named Privacy officer on NPP, posting
Agree with all on this as well although we are listing my name on the NPP... Thomas L. Johnson Vice President, External Affairs and Compliance D.C. Chartered Health Plan 820 First Street, N.E. Suite LL100 Washington, DC 20002 (p) 202-408-2034 (f) 202-408-0838 -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, March 10, 2003 1:30 PM To: WEDI SNIP Privacy Workgroup List Subject: Re: named Privacy officer on NPP, posting I agree with Deborah's response to both questions. At the HHS/OCR conference in Atlanta a few weeks ago, Richard Campanelli (Director of OCR) made it very clear that: If you don't get a Notice you haven't been provided with your rights. Also, that "Notice on the wall is not enough." He stated that the Privacy Rule's intention is that a direct treatment provider would provide each patient with a copy of the NPP - it has contact information on it and the individual should be able to take it home and read it. Mr. Campanelli was quite clear as to a CE's obligations relative to the NPP and that OCR would not look kindly on a CE who tried to cut corners. Jean Acevedo, LHRM, CPC, CHC. In a message dated 3/10/2003 12:51:32 PM Eastern Standard Time, [EMAIL PROTECTED] writes: > 1) yes, you can just list the title of the Privacy Officer. That is what we are doing. Otherwise you have to redistribute every time your Privacy Officer changes. > 2) I don't think this meets the requirements. But I'd see what everyone else says. > 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: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > Sent: Monday, March 10, 2003 12:39 PM > To: WEDI SNIP Privacy Workgroup List > Subject: named Privacy officer on NPP, posting > > > I have two quick questions for the group: > 1. When your Notice of Privacy Practices (NPP) says to contact the Privacy Officer for such and such, does the Privacy Officer need to be a NAMED individual or can you just list the title of the contact person (e.g., the Privacy Officer)? > 2.Since the law calls for a "posting" of the NPP, can we display a stapled copy of our 6 page NPP in a locked bulletin board (which would then just show the first page of the NPP) and then have a sign next to this "displayed" NPP that tells the inquisitive patient where in our office they can get a complete copy of the NPP if they wish? I realize that this proposal probably goes against the intent of this provision of the law but would it be technically be sufficient to meet the requirements of this provision? > Reasons behind such a proposal are 1. Space is a problem, 2. Hanging up a 6-8 page NPP looks trashy. 3. All patient's will be personally handed the NPP so what's the point of posting it anyway? 4. And we would be "posting" it, it's just that you could not read all the pages of the posted version! > Thanks for all advice provided. > Rich Fairley > --- > 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 re
RE: named Privacy officer on NPP, posting
Mr. Fairley, in response to your question #2: I am not an attorney, but I would advise that any time you are taking an action that you realize is probably against the intent of the law, even if it may successfully be argued to technically meet the requirements of the law, is bad policy. Especially if there is an alternative that can cost-effectively meet the requirement. I have worked with clients who have taken their proposal, also approximately 6 pages, and had it turned into a poster format. It contained all the same information, and even in the same order, but headings, fonts, and column sizes were modified to make a convenient & professional looking poster. This option may or may not solve your space issue, but it will clearly meet the posting requirement in a manner which is not "trashy." Regards, Jay Astle HIPAA Consultant Unisys Corporation 703-556-5946 -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, March 10, 2003 12:39 PM To: WEDI SNIP Privacy Workgroup List Subject: named Privacy officer on NPP, posting I have two quick questions for the group: 1. When your Notice of Privacy Practices (NPP) says to contact the Privacy Officer for such and such, does the Privacy Officer need to be a NAMED individual or can you just list the title of the contact person (e.g., the Privacy Officer)? 2.Since the law calls for a "posting" of the NPP, can we display a stapled copy of our 6 page NPP in a locked bulletin board (which would then just show the first page of the NPP) and then have a sign next to this "displayed" NPP that tells the inquisitive patient where in our office they can get a complete copy of the NPP if they wish? I realize that this proposal probably goes against the intent of this provision of the law but would it be technically be sufficient to meet the requirements of this provision? Reasons behind such a proposal are 1. Space is a problem, 2. Hanging up a 6-8 page NPP looks trashy. 3. All patient's will be personally handed the NPP so what's the point of posting it anyway? 4. And we would be "posting" it, it's just that you could not read all the pages of the posted version! Thanks for all advice provided. Rich Fairley --- 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: named Privacy officer on NPP, posting
I agree with Deborah's response to both questions. At the HHS/OCR conference in Atlanta a few weeks ago, Richard Campanelli (Director of OCR) made it very clear that: If you don't get a Notice you haven't been provided with your rights. Also, that "Notice on the wall is not enough." He stated that the Privacy Rule's intention is that a direct treatment provider would provide each patient with a copy of the NPP - it has contact information on it and the individual should be able to take it home and read it. Mr. Campanelli was quite clear as to a CE's obligations relative to the NPP and that OCR would not look kindly on a CE who tried to cut corners. Jean Acevedo, LHRM, CPC, CHC. In a message dated 3/10/2003 12:51:32 PM Eastern Standard Time, [EMAIL PROTECTED] writes: > 1) yes, you can just list the title of the Privacy Officer. That is what we are > doing. Otherwise you have to redistribute every time your Privacy Officer changes. > 2) I don't think this meets the requirements. But I'd see what everyone else says. > 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: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > Sent: Monday, March 10, 2003 12:39 PM > To: WEDI SNIP Privacy Workgroup List > Subject: named Privacy officer on NPP, posting > > > I have two quick questions for the group: > 1. When your Notice of Privacy Practices (NPP) says to contact the Privacy Officer > for such and such, does the Privacy Officer need to be a NAMED individual or can > you just list the title of the contact person (e.g., the Privacy Officer)? > 2.Since the law calls for a "posting" of the NPP, can we display a stapled copy > of our 6 page NPP in a locked bulletin board (which would then just show the first > page of the NPP) and then have a sign next to this "displayed" NPP that tells the > inquisitive patient where in our office they can get a complete copy of the NPP if > they wish? I realize that this proposal probably goes against the intent of this > provision of the law but would it be technically be sufficient to meet the > requirements of this provision? > Reasons behind such a proposal are 1. Space is a problem, 2. Hanging up a 6-8 page > NPP looks trashy. 3. All patient's will be personally handed the NPP so what's the > point of posting it anyway? 4. And we would be "posting" it, it's just that you > could not read all the pages of the posted version! > Thanks for all advice provided. > Rich Fairley > --- > 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 list
RE: named Privacy officer on NPP, posting
Title: RE: named Privacy officer on NPP, posting 1) yes, you can just list the title of the Privacy Officer. That is what we are doing. Otherwise you have to redistribute every time your Privacy Officer changes. 2) I don't think this meets the requirements. But I'd see what everyone else says. 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: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] Sent: Monday, March 10, 2003 12:39 PM To: WEDI SNIP Privacy Workgroup List Subject: named Privacy officer on NPP, posting I have two quick questions for the group: 1. When your Notice of Privacy Practices (NPP) says to contact the Privacy Officer for such and such, does the Privacy Officer need to be a NAMED individual or can you just list the title of the contact person (e.g., the Privacy Officer)? 2. Since the law calls for a "posting" of the NPP, can we display a stapled copy of our 6 page NPP in a locked bulletin board (which would then just show the first page of the NPP) and then have a sign next to this "displayed" NPP that tells the inquisitive patient where in our office they can get a complete copy of the NPP if they wish? I realize that this proposal probably goes against the intent of this provision of the law but would it be technically be sufficient to meet the requirements of this provision? Reasons behind such a proposal are 1. Space is a problem, 2. Hanging up a 6-8 page NPP looks trashy. 3. All patient's will be personally handed the NPP so what's the point of posting it anyway? 4. And we would be "posting" it, it's just that you could not read all the pages of the posted version! Thanks for all advice provided. Rich Fairley --- 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
named Privacy officer on NPP, posting
I have two quick questions for the group: 1. When your Notice of Privacy Practices (NPP) says to contact the Privacy Officer for such and such, does the Privacy Officer need to be a NAMED individual or can you just list the title of the contact person (e.g., the Privacy Officer)? 2.Since the law calls for a "posting" of the NPP, can we display a stapled copy of our 6 page NPP in a locked bulletin board (which would then just show the first page of the NPP) and then have a sign next to this "displayed" NPP that tells the inquisitive patient where in our office they can get a complete copy of the NPP if they wish? I realize that this proposal probably goes against the intent of this provision of the law but would it be technically be sufficient to meet the requirements of this provision? Reasons behind such a proposal are 1. Space is a problem, 2. Hanging up a 6-8 page NPP looks trashy. 3. All patient's will be personally handed the NPP so what's the point of posting it anyway? 4. And we would be "posting" it, it's just that you could not read all the pages of the posted version! Thanks for all advice provided. Rich Fairley --- 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