The issue that you raise is ethics. Frankly, I have been a proponent of developing a standard of ethics for HIPAA practitioners for a long time. I believe that I, and many many others in our industry provide fundamentally valuable services essential to helping covered entities reach legal compliance. Yet, frankly, I have seen very little effort in some sectors to address this issue. I have also seen significant abuses.
As a leader in another organization, I, and our other members have developed a code of ethics with I do believe addresses (at least in a preliminary fashion) this issue. I believe that there is nothing wrong with business relationships, even where commissions are paid for implementations. However, where such relationships exist, and where a practitioner makes recommendations for the use of a product or service where the practitioner benefits, disclosure to the client MUST occur. Honesty in our business is an absolute must. Censure must also occur when it doesn't. So far, I only know of one organization that has addressed the issue. This is not a plug for that organization, but rather, just an indication that some of us have seen this issue raised numerous times, and have attempted to address it by the only means available to us. The issue, as I see it, is leadership. Those of us who have been involved in regulatory compliance for a while understand the difference between predation, and leadership and mentoring. We all have to make a living, since nothing in life is free, but we do so honestly and professionally! The code that I, and many follow is available here: http://www.hcco.us/ethics.htm We also always welcome comment and suggestions for expansion. I would also encourage WEDI to add ethics to its Guiding Principals too! So, I would suggest to the parties of the first and second parts, in their relationships with the parties of another part, that they demand of the parties of the third part, to disclose their ethics and their business relationships in full and in whole part, or simply depart; at least this then would be an honest and professional good first start, and at least in my humble opinion, nothing but this could be considered very smart! To all, have A Happy HIPAA Holiday! For the race begins in earnest next month! Tim McGuinness, Ph.D. Consulting Specialist in Regulatory Privacy, Security, and Application Compliance HIPAA/FDA/CMS-HCFA/ICH/ADA & Section 508/DITSCAP/NIACAP/ISO17799/BS7799 Specialist in Local Government Compliance [EMAIL PROTECTED] / www.timmcguinness.com / www.HIPAAhelpNOW.com / www.localGOVERNMENTcompliance.com Executive Co-Chairman for Privacy, HIPAA Conformance Certification Organization (HCCO) www.hcco.us __________________________________________________________________ Cell: 305-753-4149 Fax: 240-525-1149 Email: [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> - Instant Messengers: MSN IM: [EMAIL PROTECTED] (do not send email to hotmail account) __________________________________________________________________ =========================================================================== IMPORTANT LEGAL NOTICE: This communication, including any attachment, contains information that may be confidential or privileged, and is intended solely for the entity or individual to whom it is addressed. If you are not the intended recipient, please notify the sender at once, and you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message is strictly prohibited. Nothing in this email, including any attachment, is intended to be a legally binding signature. HIPAA NOTICE: It is acknowledged that HIPAA, ASCA, and other regulations and statutes are law, and that all interpretation of law should involve licensed attorneys in good standing with their local Bar Association. The forgoing is provided for educational or discussion purposes only. The author accepts no responsibility for its accuracy, review, distribution, or use in any way. You assume responsibility for understanding this material and its applicability and/or use. The above may need to be interpreted by your attorney as needed to conform with federal or state law - you're use of this information must always be reviewed and approved by your own attorney prior to use, application, or implementation. -----Original Message----- From: John Singer [mailto:[EMAIL PROTECTED]] Sent: Friday, December 20, 2002 11:22 AM To: WEDI SNIP Testing Subworkgroup List Subject: Re: Who's on Third? Wiiliam, Would giving kickbacks on fees be considered an ethical business decision for independent third parties? -- On Fri, 20 Dec 2002 09:51:57 William J. Kammerer wrote: >John, you're losing me. There would a conflict only if a "3rd-Party" >tester were selling translators, practice management or adjudication >systems or whatever - or offering remediation services - the very things >supposedly being tested. None of Claredi (the Lord Voldemort of HIPAA >Validation - "He-Who-Must-Not-Be-Named"), Foresight and Edifecs sell the >types of software they purport to test. Thus, they can each credibly >call themselves an "independent 3rd-party," whether they're selling >hosted testing services or desktop validation software. > >William J. Kammerer >Novannet, LLC. >Columbus, US-OH 43221-3859 >+1 (614) 487-0320 > >----- Original Message ----- >From: "John Singer" <[EMAIL PROTECTED]> >To: "WEDI SNIP Testing Subworkgroup List" <[EMAIL PROTECTED]> >Sent: Thursday, 19 December, 2002 12:42 PM >Subject: Re: Who's on Third? > > >William, > >You are right. In most of the US the certification is 2nd party as >currently defined as communities are naming the certifiers and demanding >to use them. My point was they are not true 3rd parties, nor independent >because of the underlying motivation of being able to make a software >sale to the client instead of just being in the business of being an >independent certifier with no monetary enticement on the backend. > >John Singer >Duluth, MN. >-- > >----- Original Message ----- >From: "William J. Kammerer" <[EMAIL PROTECTED]> >To: "WEDI SNIP Testing Subworkgroup List" <[EMAIL PROTECTED]> >Sent: Thursday, 19 December, 2002 12:04 PM >Subject: Who's on Third? > > >The 1st and 2nd parties would be the covered entities testing standard >transactions. The testing or certification service is a "3rd party." >No certification or testing service is self-appointed: at least one of >the parties (the "1st" party, usually the payer) has selected (or >"appointed") the vendor to serve as a proxy for itself in order to vet >trading partners. > >William J. Kammerer >Novannet, LLC. >Columbus, US-OH 43221-3859 >+1 (614) 487-0320 > >----- Original Message ----- >From: "John Singer" <[EMAIL PROTECTED]> >To: "WEDI SNIP Testing Subworkgroup List" <[EMAIL PROTECTED]> > >Sent: Thursday, 19 December, 2002 11:26 AM >Subject: Re: NCQA Certifies Compliance SNIP Comes Up Short > > >Marcallee, > >One of the other major problems is WEDI definition of "third party". >Third parties as defined currently is incorrect, no such thing as a >self-appointed third party, that is called 1st party testing and also >how can you be considered "independent" when you sell software as a >vendor? You are not independent you are trying to sell your products... > >Third party certifier have an organization watching over their shoulder! > > >--- >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-testing 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 > _____________________________________________________________ Get 25MB, POP3, Spam Filtering with LYCOS MAIL PLUS for $19.95/year. http://login.mail.lycos.com/brandPage.shtml?pageId=plus&ref=lmtplus --- 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-testing 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-testing 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
