FWIW, I believe referring the patient to a
website where a downloadable copy of the Notice is available does meet the
regulations.
I hope this is not off base, and I welcome
others’ thoughts, but I think we could make a convincing case that a
request for a prescription refill is more akin to a procedure than treatment. From
a pharmacy standpoint, I would consider delivering the medication to the
patient as treatment (when the consultation occurs) so the Notice would be
provided when the patient actually arrives to pick up the prescription. >From a
physician standpoint, I could also justify saying refilling a prescription is
not treatment, since treatment occurred when the diagnosis was made and the
decision to treat with medication occurred. Couldn’t authorizing the
refill be deemed a procedure in this case?
My approach is coming from the OCR
Guidance Q&A:
“Where a health care provider’s initial contact with the
patient is simply to schedule an appointment or a procedure, the notice
provision and acknowledgment requirements may be satisfied at the time the
individual arrives at the provider’s facility for his or her appointment.”
Has anyone heard this question addressed
at any of the four HIPAA conferences?
Regards,
Sherry L.
Neuman, PharmD
Compliance Solutions for Healthcare
Phone/Fax: 209-744-0447
Mobile: 916-747-0999
[EMAIL PROTECTED]
-----Original Message-----
From: Coffield, Robert L.
[mailto:[EMAIL PROTECTED]
Sent: Monday, March 31, 2003 6:57
AM
To: WEDI SNIP
Privacy Workgroup List
Subject: RE: NPP and phone
calls---HELP !
I am addressing a similar
question with a client physician. For example -- if a patient calls in for a
renewal of a prescription this would be classified as the first treatment after
April 14 and require the patient to receive the NPP. Can the physician wait
until the next time that the patient physically comes into the office to
provide them with the NPP? It appears this can not be done under the
regulations and that a copy of the NPP should be mailed out on the same
day.
Anyone have any creative
advice on a process around this issue. One is to mass mail to current patients
(as discussed below). What about using a procedure that you will ask the
patient whether they want a copy mailed or if they would agree
to just review the NPP when they next visit the office. You could also
refer them to a copy on the website. I don't think this meets the regulations
-- but at a minimum it provides some evidence of good faith effort to allow
patients access to the NPP while making a business decision to not spend extra
$$$ to mass mail out the forms.
Thoughts? thanks, bob
coffield
-----Original
Message-----
From: Bentz-Miller, Judith
[mailto:[EMAIL PROTECTED]
Sent: Sunday, March 30, 2003 9:23
PM
To: WEDI SNIP Privacy Workgroup
List
Subject: RE: NPP and phone
calls---HELP !
Yes, that is the way we are interpreting the regs also (see the
December 4th question about this if your manager does not believe it) Now
if you are tracking your NPP, if they have already received it, they do not
need it again.
This is a very wicket with us, and we are hoping that since we mass
mailed to every patient in the last two years, we are covering ourselves.
While I agree with you that is the way the regs are set up, we are definitely
setting ourselves up to fail. Docs and nurses to not have time for
this. I can see a high rate of noncompliance on this particular issue.
-----Original
Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]
Sent: Sunday, March 30, 2003 9:15
PM
To: WEDI SNIP Privacy Workgroup
List
Subject: NPP and phone
calls---HELP !
Please help
settle a disagreement between myself (privacy officer) and another manager in the
office---
Beginning April 14th, when an established patient calls into our medical office
and the triage nurse gives advice/direction/orders either from her (nursing
advice) or from a practitioner, do we need to send a NPP?? Keep in mind a
treatment service is being provided, just over the phone for the first
contact as of 04-14-03. It is understood just schedule an appointment we
do not need to send the NPP, just give it at the first actual visit.
What is your thought?? ANY thoughts, advice, info on what you are going
to do will be VERY appreciated.
THANKS !!!!
Linda ---
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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]
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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]
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