B&Ming about Freaking HIPPA!!!!! - page 2

Is anyone else out there SICK of HIPPA??? I am doing case management for a worker's comp co. A large part of my job is gathering medical records and reports so that I can then in turn share these... Read More

  1. by   Dr. Kate
    The nasty little ramifications of HIPPA are why it is imperative that we watch what our legislators are doing when they are representing us but voting their personal consciences.
    Also, do you think there would be these almost silly regs if someone somewhere hadn't had their privacy violated a bit more than was comfortable and made a lot of noise. The cynic in me is sure it didn't start with a terrible offense but one that happened to someone who made a lot of noise.

    IMHO, the solution to many, if not all of healthcare's problems is to "first shoot all the lawyers."
  2. by   NRSKarenRN
    ocr - the office for civil rights is responsible for implementing and enforcing the hipaa privacy regulation --info is found at their web site

    hipaa:
    purpose of the administrative simplification regulations
    preamble and introducion--in html format---easy to read. indludes horror stories and why these regulations developed.
    http://www.hhs.gov/ocr/part1.html

    links to federal reg: choose html format if you do not have acrobat reader installed. scroll down to "view each section"
    http://www.hhs.gov/ocr/hipaa/finalreg.html

    general overview of regulations:
    http://www.hipaadvisory.com/regs/fin.../goverview.htm
    -----------------------------

    myths and facts about the hipaa privacy regulation
    http://www.hipaadvisory.com/views/patient/myths.htm

    hipaa - privacy faq
    http://www.hipaadvisory.com/action/f...rivacy.htm#pat
    ------------------------
    right to inspect and receive a copy of medical records is found under regulations at 164.524.
    copy this hhs press release dated may 9, 2001 (has hhs agency seal) re obtaining copy of medical record


    "ensuring patient access to their medical records. patients will be able to see and get copies of their records, and request amendments. "
    http://aspe.hhs.gov/admnsimp/final/pvcfact2.htm
    -------------------------------------------

    texas medical privacy act adopts and expands the hipaa privacy regulations
    easy format lists outline regs and location in law with comparison to texas law
    http://www.law.uh.edu/healthlawpersp...0830texas.html
    ------------------------------------

    hipaa on the job: release of information under hipaa
    http://www.ahima.org/journal/feature...e.0111.07.html

    nurse interaction with family, friends requires different approach under hipaa
    html file:
    http://216.239.39.100/search?q=cache...hl=en&ie=utf-8

    pdf file:
    http://www.ebglaw.com/article_560.pdf

    leave message here or pm me if interested in specific aspect of law or quesiton....work time constraint leaving me limited time on web these days. karen

    edited links. karen
    Last edit by NRSKarenRN on Sep 25, '02
  3. by   Scarlette
    Hmmmmm.......how about using numbers AND putting paper bags over the patients heads when calling them into the examining rooms just in case their neighbors might be there to recognize them!
  4. by   hoolahan
    Scarlette, how about pumpkin heads for Halloween??

    Dr. Kate, LMAO!!! I have a feeling you are right!

    Karen, thank you for all the good info....but I'm still gonna B&M about it.
  5. by   kids
    Thank you very much Karen. I/we appreciate the time you take to search this stuff out.

    btw: this link doesn't work:
    Nurse Interaction With Family, Friends Requires Different Approach Under HIPAA

    http://216.239.39.100/search?q=cache...riends+Require<br%20/>s+Different+Approach+Under+HIPAA+&hl=en&ie=UTF-8


    Fixed link. Karen
    Last edit by NRSKarenRN on Sep 26, '02
  6. by   NRSKarenRN
    these are examples of privacy breeches cited that lead to regulations being passed, copied from: http://www.hhs.gov/ocr/part1.html

    "examples of recent privacy breaches include:

    * a michigan-based health system accidentally posted the medical records of thousands of patients on the internet (the ann arbor news, february 10, 1999).

    * a utah-based pharmaceutical benefits management firm used patient data to solicit business for its owner, a drug store (kiplingers, february 2000).

    * an employee of the tampa, florida, health department took a computer disk containing the names of 4,000 people who had tested positive for hiv, the virus that causes aids (usa today, october 10, 1996).

    * the health insurance claims forms of thousands of patients blew out of a truck on its way to a recycling center in east hartford, connecticut (the hartford courant, may 14, 1999).

    * a patient in a boston-area hospital discovered that her medical record had been read by more than 200 of the hospital's employees (the boston globe, august 1, 2000).

    * a nevada woman who purchased a used computer discovered that the computer still contained the prescription records of the customers of the pharmacy that had previously owned the computer. the pharmacy data base included names, addresses, social security numbers, and a list of all the medicines the customers had purchased. (the new york times, april 4, 1997 and april 12, 1997).

    * a speculator bid $4000 for the patient records of a family practice in south carolina. among the businessman's uses of the purchased records was selling them back to the former patients. (new york times, august 14, 1991).

    * in 1993, the boston globe reported that johnson and johnson marketed a list of 5 million names and addresses of elderly incontinent women. (aclu legislative update, april 1998).

    * a few weeks after an orlando woman had her doctor perform some routine tests, she received a letter from a drug company promoting a treatment for her high cholesterol. (orlando sentinel, november 30, 1997).

    no matter how or why a disclosure of personal information is made, the harm to the individual is the same. in the face of industry evolution, the potential benefits of our changing health care system, and the real risks and occurrences of harm, protection of privacy must be built into the routine operations of our health care system."


    these stories are why hipaa regulations were developed...to protect our privacy.
  7. by   NRSKarenRN
    Especially like this article:
    Student Nurses Pose HIPAA Challenges: De-Identification, Minimum Necessary
    http://www.aishealth.com/Compliance/...entnurses.html


    Bizarre Experiences With Excluded MDs Show Value of Background Checks
    http://www.aishealth.com/Compliance/...periences.html

    Billing Mid-Level Providers as MDs Alleged in Hospital Case; Issue Heats Up
    http://www.aishealth.com/Compliance/...gMidlevel.html


    More articles on Medicare Compliance Strategies
    http://www.aishealth.com/Compliance/HIPAAResource.html
    Last edit by NRSKarenRN on Sep 25, '02
  8. by   andrewsgranny
    I work in a Dr.'s office and I can tell you we go by the HIPPA guidelines but I have NEVER called a pt. back using a number instead of a name. Try not to get overwhelmed by this. Its not as bad as it sounds. Sometimes it may seem that way. If someone needed a pts. records and have a signed consent... we send then right out. I think if you are seeing a hesitation in receiving records its because someone is too busy to copy records and using HIPPA as an excuse. But it takes time. And yes even Dr's offices are understaffed.

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