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Journal Q&A (1/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: January 02, 2003

Q: When is it legal to disclose protected health information (PHI) to clergy?


A: If the individual is informed in advance of the possible disclosure and has the opportunity to object, the HIPAA privacy rule allows a covered entity to disclose directory information to clergy. Directo....

Journal Q&A (1/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: January 02, 2003

Q: Is faxing patient information legal under HIPAA?
A: If the covered entity is permitted to release the information (for treatment purposes or by authorization, for example), then using a fax machine is allowed. The privacy rule requires the entity to provide appropriate administrative, techn....

Journal Q&A (1/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: January 02, 2003

Q: Does HIPAA allow clinicians in our home health facility to pull their own records?
A: Your facility must make a reasonable effort to limit the access of your clinicians to the PHI they need to perform their duties. You will have to determine what policies are reasonable. As employees, the c....

Moving Toward a Unified Information Security Program

Author: Ruano, Michael

Source: Journal of AHIMA

Publication Date: January 2003


Is your organization up to the challenge of creating a unified information security program?


A unified information security program has been all but mandated for healthcare organizations by the federal government. HIPAA requires that electronic, paper, and oral patient identif....

Privacy -- an AHIMA Organizational Value

Author: Kloss, Linda L

Source: Journal of AHIMA

Publication Date: February 2003


Ten years ago, AHIMA drafted model federal legislation to protect confidential medical record information. We aimed to raise Congress’ awareness that protection for this most personal information was sorely lacking and that the absence of uniform legal protection was a barrier to the use....

AHIMA Advantage E-alert [Special edition]

Author: AHIMA

Source: AHIMA newsletter

Publication Date: February 13, 2003

HHS to Release Final HIPAA Security Rule February 20; HIPAA Transaction and Code Set Standards Modifications Announced

Final Rule for HIPAA Security Standards: Analysis by the American Health Information Management Association Policy and Government Relations Team - February 2003

Author: AHIMA Policy and Government Relations Team

Source: AHIMA regulation analysis

Publication Date: February 28, 2003


Impact | This Analysis Includes | General Rules | Administrative Safeguards | Physical Safeguards | Technical Safeguards | Organizational Requirements | Policies, Procedures, and Documentation | Matrix | Introduction

After a wait of some four and one-half years, the Department of He....

Is Your NPP Your Best Defense?

Author: Lee, Michael R.

Source: Journal of AHIMA

Publication Date: April 2003


In the event of a privacy-related legal challenge, the content of your organization’s notice of privacy practices (NPP) will be a focal point for both plaintiff and defense arguments with respect to the protected health information (PHI) disclosure activities of your organization. Is your....

Journal Q&A (4/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: April 02, 2003

Q: Is it legal for our facility to provide an individual with an abbreviated version of the notice of privacy practices with the full version available only upon request?

A: If an abbreviated version of the notice is given to an individual, it must contain all the required elements from....

Journal Q&A (4/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: April 02, 2003

Q: Does reporting cancer surveillance to the state have to be tracked under the accounting of disclosure requirement in the HIPAA privacy rule?

A: Reporting cancer surveillance to a state agency does require tracking under HIPAA. State laws should be checked to determine if the other typ....

Accounting for Disclosure Cost Analysis Worksheet

Author: Dunn, Rose T

Source: External - used with permission

Publication Date: May 02, 2003

This worksheet has been developed to provide guidance on components to consider in developing the basis for a reasonable, cost-based charge for the Accounting for Disclosure (164.528). This worksheet is not intended to be all inclusive. Users are encouraged to discuss inclusions to this analysis with their facility’s cost accountant.

Journal Q&A (5/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: May 02, 2003


Q: What is an organized health care arrangement (OHCA) and what are its advantages?


A: The privacy rule defines an OHCA as:

a clinically integrated care setting in which individuals typically receive healthcare from more than one healthcare provider

an org....

Calculating Costs for Accounting of Disclosures

Author: Dunn, Rose T

Source: Journal of AHIMA

Publication Date: May 2003


The privacy rule allows a covered entity to charge a cost-based fee for providing an accounting of disclosure (AOD). Has your organization determined these costs? Calculating the actual costs may be more involved than you think. This article will discuss the requirements for setting the fee an....

Catching Up with HIPAA: Managing Noncompliance

Author: Weintraub, Abner E.

Source: Journal of AHIMA

Publication Date: May 2003


With the April 14 HIPAA privacy deadline behind us, many covered entities are still struggling to become compliant. Limited budgets and staff, conflicting advice, and unforeseen delays have all conspired to keep many covered entities from meeting the deadline.


What do you tell....

AHIMA State Privacy Law Resource tool

Author: AHIMA

Source: AHIMA

Publication Date: May 21, 2003


Welcome to the AHIMA State Privacy Law Resource tool. This tool provides AHIMA members with web links to sites with specific information regarding the final HIPAA privacy rules and their interaction with state laws and regulations. On many of these sites, you will find access to HIPAA preemptio....

Journal Q&A (6/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: June 02, 2003

Q: Under the privacy rule, how should a physician’s office handle a request from parents for a written statement recommending limitation of their child’s activities at school?

A: Most covered entities have policies requiring written requests or authorizations for disclosure of....

Oral Privacy and HIPAA: We Really Need to Talk

Author: Jacobs, Jodi

Source: In Confidence (newsletter)

Publication Date: June 02, 2003


Oral privacy is not a new need or requirement in healthcare. However, because it is now backed by a federal mandate, it is receiving newfound attention. With the passing of the April 14, 2003, deadline for HIPAA compliance, hospitals, pharmacies, clearinghouses, physician’s offices, military....

Cryptography and HIPAA: Breaking the Code

Author: Ruano, Michael

Source: In Confidence (newsletter)

Publication Date: June 02, 2003


Part four in a 10-part series.
This article is the fourth of a 10-part series that introduces the domains of information security and relates them to federal HIPAA regulations. The information security domain of cryptography is probably the most complex and mathematical of all the domai....

Obtaining Satisfactory Assurance for PHI Disclosure

Author: Quinsey, Carol Ann

Source: Journal of AHIMA

Publication Date: June 2003


Obtaining “satisfactory assurance” in the privacy rule may sound like something new, but the concept has been around for a long time. Do you know what it means and how it affects your HIM department? This article will explain what obtaining satisfactory assurance means and how it can....

Journal Q&A (6/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: June 02, 2003

Q: What are a covered entity’s legal responsibilities when a former employee breaches confidentiality of information gained during his or her employment period?

A: Individual state laws would affect the outcome of litigation if charges were pressed through civil action. If the organ....

Sorting Out Employee Sanctions

Author: Burrington-Brown, Jill

Source: Journal of AHIMA

Publication Date: June 2003


Has your organization addressed sanctions related to privacy and security issues? Both the final privacy rule and final security rule address this issue. The privacy rule states that the covered entity must “have and apply appropriate sanctions against members of its workforce who fail to....

Stealth Software Deters PHI Theft

Author: Kawles, Terrance L.

Source: Journal of AHIMA

Publication Date: July 2003


As the leading edge of digital portability advances, the protections afforded the “portability” portion of HIPAA become strained. Under the final security standards, covered entities (CEs) must establish procedures and mechanisms to protect the confidentiality, integrity, and availab....

Security and HIPAA: Protecting Your Operations

Author: Ruano, Michael

Source: In Confidence (newsletter)

Publication Date: August 02, 2003


Part six in a 10-part series.
This article is the sixth of a 10-part series that introduces the domains of information security and relates them to federal HIPAA regulations. The information security domain of operations security includes the topics of controls, protections, monitoring,....

New Tool Streamlines HIPAA Assessment Process

Author: Cohen, Kathleen

Source: In Confidence (newsletter)

Publication Date: August 02, 2003


How are you making sure that your organization is complying with the HIPAA privacy regulations? Many hospitals are doing HIPAA rounds with privacy officers, going from unit to unit to assess and document HIPAA compliance. But trying to make sense of the data collected during HIPAA rounds can....

Journal Q&A (9/03)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: September 02, 2003

Q: Under HIPAA, how should covered entities respond to requests from public health officials who state that they need protected health information (PHI) to carry out their duties?

A: The privacy rule recognizes that PHI may be needed to respond to threats to public health, including the....

Are Ethics Guiding Your Workplace?

Author: Yokubaitis, Pamela R.

Source: Journal of AHIMA

Publication Date: September 2003



Sanctions under the HIPAA regulations mean serious financial consequences for healthcare professionals who release protected health information to others without following proper disclosure protocols. But HIM professionals should not be motivated by fear of financial consequences alone. Ou....

CPT Category III Codes Cover New, Emerging Technologies: New Codes Developed to Address Issues in Light of HIPAA

Author: Beebe, Michael

Source: Journal of AHIMA - Coding Notes

Publication Date: October 2003


In 1998, the American Medical Association (AMA) initiated the CPT-5 Project. This project was a broad-based and comprehensive effort to make needed and practical enhancements to the CPT code set that would address challenges presented by emerging user needs and HIPAA. One of the initiatives tha....

How Law, Investigation, Ethics Connect to HIPAA

Author: Ruano, Michael

Source: In Confidence (newsletter)

Publication Date: November 02, 2003


Part nine in a 10-part series.
This article is the ninth of a 10-part series that introduces the domains of information security and relates them to federal HIPAA regulations. The information security domain of law, investigation, and ethics covers these topics in depth and provides a p....

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