B&Ming about Freaking HIPPA!!!!!

[hoolahan, ASN, RN]

Thanks Karen! I am glad it isn't only me. So, what you are saying is that people are taking it to the extreme, even when it is not necessary.

I think HIPPA is the one thing we can all collectively B&M about, no matter what kind of nursing we all do!~ Nice to have something in common, isn't it??!! LOL!

At lkeast your agency has someone itelligent implementing these regs. The paperwork is crazy. Yesw I have been in offices when they make pt's take numbers....how demoralizing in my book! Just call the first name! And my pt's told me they had to pay a $10 search fee, then $1 per page to get reports they had done in the hosp, that is criminal! Why not just tack that fee into the hosp bill?? Grrrrrrr!!!!!!

[Dr. Kate, BSN, RN]

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."

[NRSKarenRN, BSN, RN]

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/finalprivacy/goverview.htm

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myths and facts about the hipaa privacy regulation

http://www.hipaadvisory.com/views/patient/myths.htm

hipaa - privacy faq

http://www.hipaadvisory.com/action/faqs/faq_privacy.htm#pat

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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

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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/healthlawperspectives/privacy/010830texas.html

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hipaa on the job: release of information under hipaa

http://www.ahima.org/journal/features/feature.0111.07.html

nurse interaction with family, friends requires different approach under hipaa

html file:

http://216.239.39.100/search?q=cache:bvk74wtbalic:www.ebglaw.com/article_560.pdf+nurse+interaction+with+family,+friends+requires+different+approach+under+hipaa+&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

[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!

[hoolahan, ASN, RN]

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.

[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:bVK74wTBAlIC:www.ebglaw.com/article_560.%20pdf+Nurse+Interaction+With+Family,+Friends+Require
s+Different+Approach+Under+HIPAA+&hl=en&ie=UTF-8

Fixed link. Karen

[NRSKarenRN, BSN, RN]

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.

[NRSKarenRN, BSN, RN]

Especially like this article:

Student Nurses Pose HIPAA Challenges: De-Identification, Minimum Necessary

http://www.aishealth.com/Compliance/Hipaa/RMCStudentnurses.html

Bizarre Experiences With Excluded MDs Show Value of Background Checks

http://www.aishealth.com/Compliance/ResearchTools/RMCBizarreExperiences.html

Billing Mid-Level Providers as MDs Alleged in Hospital Case; Issue Heats Up

http://www.aishealth.com/Compliance/ResearchTools/RMCBillingMidlevel.html

More articles on Medicare Compliance Strategies

http://www.aishealth.com/Compliance/HIPAAResource.html

[andrewsgranny, ASN, RN]

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.