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Privacy's Day in Court

Author: Gradle, Brian D.

Source: Journal of AHIMA

Publication Date: September 2002


While HIM professionals work to implement HIPAA, courts across the nation continue to hear cases that could affect this work. Namely, these are cases related to state privacy laws.


HIPAA's "preemption" framework provides that state laws that are not contrary to HIPAA or that p....

Journal Q&A (7/02)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: July 02, 2002


Q: I have requested the immunization records from a patient’s former healthcare provider with the patient’s written permission. The former healthcare provider refuses to send the immunization records because the patient has a balance on the account. Is this legal?


A:....

Simple Steps to Tracking Disclosures

Author: Hughes, Gwen

Source: Journal of AHIMA

Publication Date: July 2002


The many exceptions to the HIPAA privacy rule’s accounting of disclosures standard make it difficult to determine what must be tracked. Although the rule gives patients the right to receive an accounting of disclosures of their health information, it lists several exceptions. This article....

Journal Q&A (7/02)

Author: AHIMA Professional Practice Team

Source: AHIMA Q and A

Publication Date: July 02, 2002


Q: I work in a clinic setting. An attorney has requested copies of a patient’s entire record. The record includes reports dictated by one of the clinic physicians at a local hospital during the patient’s hospitalization. The attorney has the patient’s permission. Are we allowed....

Making Your Data Warehouse HIPAA Compliant

Author: Reinke, Brian

Source: In Confidence (newsletter)

Publication Date: July 02, 2002


Now a proven technology, data warehousing is entering into widespread use. Detailed patient records of many organizations are now being electronically archived using data warehousing. The goal of using this computer technology is to retain information for years so it can be used for various m....

On the Line: Professional Practice Solutions

Author: Burrington-Brown, Jill

Source: Journal of AHIMA

Publication Date: July 2002


Q: I work in a clinic setting. An attorney has requested copies of a patient's entire record. The record includes reports dictated by one of the clinic physicians at a local hospital during the patient's hospitalization. The attorney has the patient's permission. Are we allowed under HIPAA to....

Journal Q&A (6/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: June 02, 2002

Q: Our facility is developing our notice of privacy practices under HIPAA. We need to decide how we will communicate with individuals when we make changes to our notice. What are the acceptable methods for communicating with our patient population? Do we have to send a paper copy to everyone whose....

Privacy and Security: Are Two Hats Better Than One?

Author: Woloszyn, William

Source: Journal of AHIMA

Publication Date: June 2002



Who, me? Work as both a privacy officer and a security officer? It may seem impossible, but it can be done. While the roles of privacy officer and security officer are often presented as two distinct jobs in relation to HIPAA, if a lack of resources or personnel demand it, a daring HIM pro....

Take Another Look: Proposed Changes to Privacy Rule

Author: Rode, Dan

Source: Journal of AHIMA

Publication Date: May 2002


In late March, the Department of Health and Human Services (HHS) released proposed changes related to the HIPAA privacy standards. By the time you read this column, the 30-day comment period for these regulations will have already passed, although debate on these changes will still be in full....

Journal Q&A (5/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: May 02, 2002

Q: In light of HIPAA restrictions on protected health information, I’m concerned about our HIM department’s practice of accepting HIM students for professional practice experience. What should be considered in deciding whether to continue this practice?


A: HIPAA’s pr....

Review of the 2002 Department of Health and Human Service Notice of Proposed Rule Making for The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Regulations

Author: AHIMA Policy and Government Relations Team

Source: AHIMA regulation analysis

Publication Date: April 02, 2002


Status

After almost a year's delay, the Department of Health and Human Services (HHS) published its promised recommendations to change and clarify the HIPAA Privacy Regulations that were originally published, as a "final rule" by HHS on December 28, 2000, in the Federal Re....

Envisioning Consistent Coding for All

Author:

Source: AHIMA Advantage

Publication Date: April 2002


What if...a single entity oversaw all of the coding systems in use today? What if...all payers and providers were required to adhere to code set rules and guidelines in the same way? What if...there was one definitive set of coding rules, definitions, and guidelines that all users could easily....

Journal Q&A (4/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: April 02, 2002

Q: I have been asked to identify all of my organization’s business associates so we can update their contracts prior to the April 2003 HIPAA privacy rule compliance date. Unfortunately, existing contracts are not maintained in one place. How should I tackle this project?


A: At....

Changing Face of Public Health Reporting

Author: Dougherty, Michelle

Source: Journal of AHIMA

Publication Date: April 2002


In recent months, anthrax outbreaks and concern over bioterrorism threats have created a greater need for the US to have a system to monitor and report public health information in a timely manner. The Centers for Disease Control and Prevention (CDC) are developing standards for a new approach....

Journal Q&A (3/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: March 02, 2002

Q: We have a transcriptionist who picks up tapes, transcribes them off-site, and returns them each day. Is this practice legal under HIPAA?


A: The HIPAA privacy rule does not prohibit the use of tapes for dictation, nor the use of an outside transcription vendor. The privacy rule do....

Transactions Delay Prompts Concern Among Covered Entities

Author: Rode, Dan

Source: Journal of AHIMA

Publication Date: March 2002


AHIMA recently attended a meeting of healthcare providers, payers, and staff representatives of the National Committee on Vital and Health Statistics (NCVHS) and the Centers for Medicare and Medicaid Services (CMS). Organized by the Association for Electronic Health Care Transactions, the meet....

Journal Q&A (3/02)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: March 02, 2002

Q: Does the individual to whom a patient has granted durable power of attorney for financial matters have the right to access and authorize use or disclosure of the patient’s protected health information (PHI) under HIPAA?


A: An individual granted durable power of attorney for....

Testimony of the American Health Information Management Association to the National Committee on Vital and Health Statistics on Medical Code Sets

Author: Prophet, Sue

Source: AHIMA testimony and comments

Publication Date: February 06, 2002

February 6, 2002
Opening Comments

Good morning Mr. Chairman, members and staff of the National Committee on Vital and Health Statistics (NCVHS) Standards and Security subcommittee, ladies and gentlemen.   I am Sue Prophet, director of coding policy and compliance for the American Heal....

Dilemma of Psychotherapy Notes and HIPAA

Author: Nicholson, Ruby E.

Source: Journal of AHIMA

Publication Date: February 2002


For HIM professionals in behavioral health settings, the HIPAA privacy regulations pose a downright dilemma. Here’s why.


The privacy rule defines psychotherapy notes as:


Notes recorded in any medium by a mental health professional documenting or analyzing....

HIPAA Compliance Extension Postpones Simplification Benefits

Author: Rode, Dan

Source: Journal of AHIMA

Publication Date: February 2002



Under the terms of the Health Insurance Portability and Accountability Act of 1996, February 2002 would mark the second anniversary of administrative simplification for all but the smallest of health plans, and one year of rules related to claims attachments. Instead, Congress just approve....

Countdown to Compliance: Privacy

Author: Ingram-Muhammad, Sybil

Source: Journal of AHIMA

Publication Date: February 2002


How far along the road to compliance with the HIPAA privacy regulation is your organization? This article tells you the steps you should be taking to get in compliance by the April 2003 deadline.

It is February 2002—14 months before your organization has to be compliant with th....

On the Line: Professional Practice Solutions

Author: Burrington-Brown, Jill

Source: Journal of AHIMA

Publication Date: January 2002


Q: A couple were on vacation in my city when the husband suddenly became ill and died in our facility. The wife requested copies of the record to take home with her. She had listed herself as next of kin. Was it correct to give her a copy of the record?

Q: I am a manager of several d....

Experiences of a VHA Privacy Officer

Author: Putt, Stephanie H.

Source: In Confidence (newsletter)

Publication Date: November 02, 2001


Being the privacy officer for one of the world’s largest healthcare delivery systems is often a daunting responsibility, yet it offers an opportunity to make a difference and face new challenges. The Veterans Health Administration, or VHA, is part of the Department of Veterans Affairs (VA). T....

Journal Q&A (11/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: November 02, 2001


Q: Where can I find the updated data elements and data definitions for the Uniform Hospital Discharge Data Set (UHDDS)?

A: At this time, the 1986 UHDDS data elements and definitions are not available electronically though the information is considered to be in the public domain. The fi....

On the Line: Professional Practice Solutions

Author: Dougherty, Michelle

Source: Journal of AHIMA

Publication Date: November 2001


Q: Where can I find the updated data elements and data definitions for the Uniform Hospital Discharge Data Set (UHDDS)?

Q: Where can I find an easy-to-use glossary for terms in the HIPAA regulations?

Michelle Dougherty (michelle.dougherty@ahima.org) is an HIM practice manager....

Journal Q&A (11/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: November 02, 2001


Q: Where can I find an easy-to-use glossary for terms in the HIPAA regulations?


A: The Workgroup for Electronic Data Interchange (WEDI) has compiled an alphabetic glossary of HIPAA terms and definitions. It is approximately 24 pages long and can be downloaded from the WEDI Web sit....

HIPAA: Preemption of State Laws

Author: Demuro, Paul

Source: AHIMA Convention

Publication Date: October 10, 2001




I. Preemption of State Laws

The general rule is that a standard, requirement, or implementation specification adopted under HIPAA that is contrary to a provision of state law preempts or supersedes the provision of State law. 45 CFR §160.203.

Contrary, when used....

Conducting a HIPAA Security Risk Assessment

Author: Klein, Jim

Source: AHIMA Convention

Publication Date: October 10, 2001


Introduction

Organizations covered under the Proposed Security Standards1 (the Draft Standard) are facing important regulatory compliance decisions for operational, technical, clinical, and administrative components of their enterprise. With the promulgation of the final Security Stand....

Leading the HIPAA Privacy Risk Assessment

Author: Callahan-Dennis, Jill

Source: AHIMA Convention

Publication Date: October 10, 2001




Introduction and Background

As part of their preparations for compliance with the Health Insurance Portability and Accountability Act (HIPAA), healthcare organizations need to compare their current information-handling and information-disclosure practices to the requirement....

Marketing Privacy: HIPAA's New Sales Pitch

Author: Rhodes, Harry B.

Source: AHIMA Convention

Publication Date: October 10, 2001



Background

Direct marketing is the direct contact between a seller and a consumer. This type of targeted marketing has gained wide popularity as a marketing strategy in the late 20th century because it can be addressed directly. With increasing amounts of specific information avai....

Managing Exceptions to HIPAA's Patient Access Rule

Author: Hughes, Gwen

Source: Journal of AHIMA

Publication Date: October 2001




The HIPAA final privacy rule requires that covered entities allow individuals to access the medical and billing records maintained about them. However, the rule describes 10 exceptions. Accordingly, healthcare providers must establish a way to identify the medical and billing records....

NCVHS Groups Explore CPR, Privacy Rule Possibilities

Author: Rode, Dan

Source: Journal of AHIMA

Publication Date: October 2001




HIPAA's fifth anniversary was marked by meetings of two key subcommittees of the National Committee on Vital and Health Statistics (NCVHS): the standards (transactions) and security subcommittee and the privacy and confidentiality subcommittee. At the security subcommittee, experts fr....

Early Word on HIPAA Claims Attachments

Author: Dougherty, Michelle

Source: Journal of AHIMA

Publication Date: October 2001


If we could look into a crystal ball and see into the future, it would be much easier to prepare for HIPAA, particularly the electronic transaction standards. Because of the rarity of crystal balls these days, we must rely on other predictors at our disposal, such as the white paper issued by t....

Journal Q&A (9/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: September 02, 2001

Q: Because HIPAA gives patients the right to copy their medical records, does my facility have to supply a copy machine for this purpose or allow patients to take their records to a copy center?

A: According to section 164.520 of the HIPAA final privacy rule, an individual has "the ri....

Journal Q&A (9/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: September 02, 2001

Q: My facility's records contain a variety of psychiatric documentation including therapists' notes from their treatment sessions with patients. How can I determine what requires special protection under HIPAA? Do I need to separate some of the documentation from the medical record? Currently all p....

Testimony on Behalf of The American Health Information Management Association (AHIMA) to the Privacy and Confidentiality Subcommittee of the National Committee of Vital and Health Statistics (NCVHS)

Author: Rode, Dan

Source: AHIMA testimony and comments

Publication Date: August 22, 2001

August 22, 2001


Mr. Rothstein, members of the Privacy and Confidentiality Subcommittee, ladies and gentlemen - good morning!

I am Dan Rode, vice president for the AHIMA. On behalf of the Association, its more than 40,000 members, and myself, thank you for the opportunity....

HIPAA's New Mandate for Psychotherapy Notes

Author: Rhodes, Harry B.

Source: Behavioral Health

Publication Date: July 02, 2001


The new HIPAA privacy final rule mandate that affords a higher level of privacy restriction to psychotherapy notes is creating a fair amount of confusion for healthcare providers. Restricted access to mental health records should not be something new to health information management profession....

Winding Road to the Privacy Rule

Author: Rode, Dan

Source: Journal of AHIMA

Publication Date: June 2001




We have a privacy rule. After years of effort from AHIMA members, the first national privacy standards were allowed to go into effect by Department of Health and Human Services (HHS) Secretary Tommy G. Thompson, with pressure from the White House.

It's time for HIM professi....

Journal Q&A (5/01)

Author: AHIMA Staff

Source: AHIMA Q and A

Publication Date: May 02, 2001

Q: Does the new HIPAA privacy rule require hospitals to obtain patient consent prior to sending copies of dictated reports and test results to the patient's physician?

A: Unless the HIPAA privacy rule published on December 28, 2000 (45 CFR Parts 160 through 164) is modified by the Bush ad....

On the Line: Professional Practice Solutions

Author: Hughes, Gwen

Source: Journal of AHIMA

Publication Date: May 2001




Q: I understand that inexpensive password recovery software can allow an unauthorized user to recover or crack someone else's password. If passwords are that easy to crack, are they worthwhile?



Q: Does the new HIPAA privacy rule require hospitals to obtain patient....

Getting Your Arms Around HIPAA

Author: Hughes, Gwen

Source: Journal of AHIMA

Publication Date: April 2001




Have you read the new HIPAA final privacy rules yet? Are you overwhelmed? I've been spending a lot of time poring over the privacy rules and I've seen many similarities between the new privacy rules and the Uniform Health Information Act (UHIA) passed in Washington and Montana about....

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