HIPAA help!!!

Q. · Oct 21, 2005

I didn't do too much digging, but this MIGHT have some info...

http://www.cms.hhs.gov/hipaa/

Good luck in finding the answer. That's pretty interesting.

Balder_LPN, LPN · Oct 21, 2005

so i'm searching high and low, and i can't seem to find evidence to support this (or to even validate it).
i'm doing a presentation on hipaa, privacy and the like. in my text, there is a quote (which is dated 1996) that states "in new york, licensed health professionals must maintain patient privacy, but there are no laws governing nonlicensed workers in health care institutions and no laws or regualtions obligating insurance companies to maintain privacy". it was from a ny newsday article, which i cannot seem to locate (without paying, that is).
as a rn in ny, this undoubtedly concerns me. as a graduate student presenting to my class, i believe this is a juicy tidbit to include (if there has not since been an amendment to this non-law). anyone know where i can find out, in writing, who is required to comply to hipaa laws, and does it indeed differ, from state to state? i koind of assumed we were all expected to comply. (my next stop is on the nys office of professions website).

the problem with this info is that hipaa was passed by congress in 1996, however hcfa (now cms) did not clarify the rules and mandate compliance until april 2003, your info is very very out of date information. hipaa covers any one who conducts or a third party biller or clearinghouse conducts on your behalf, any one of the following business transactions electronically you are most likely covered by hipaa:

claims or equivalent encounter information

payment and remittance advice

claim status inquiry/response

eligibility inquiry/response

referral authorization inquiry/response

hipaa provides alot of information check out this flowchart

http://www.cms.hhs.gov/hipaa/hipaa2/support/tools/decisionsupport/coveredentityflowcharts.pdf

non licensed persons are "likely" covered by hipaa (although with no license they cant have a license revoked) they can be fined up to $100 per violation not to exceed $25000 in a year. this is federal law and will superscede any statelaws.

i am a nursing student also but as an it / web /electronic claims specialist for some large insurance companies and large healthcare agencies i have been working with hipaa since about 1997 and routinely help small clinics and offices come into compliance.

fyi did you know that if the computer screen at your front desk can be viewed by people standing in front (ie checking in) is a violation.

i can go on and on about the good, bad, practical, and impractical stuff on hipaa pm me if you would like, if anyone wants to hear more just post some more here.

also try http://www.hipaa.org

elkpark · Oct 21, 2005

Balder is right; your textbook is outdated. HIPAA covers anyone who works for a hospital/facility/agency in any capacity, whether licensed or not. It is the responsibility of the organization to make sure that all its employees maintain the confidentiality of "protected information" covered by HIPAA.

Balder_LPN, LPN · Oct 21, 2005

The flow chart link I gave you was actually for "administrative simplification" ie requirement to file electronic claims, a bit different than the privacy requirements of hipaa

if your ready for some havy reading try this

http://www.hhs.gov/ocr/hipaa/finalreg.html

look for "covered entities" section 2

BeenThereDoneThat74, MSN, RN · Oct 24, 2005

Thanks guys. I kind of figured my text was outdated (as HIPAA was enacted in 1996). I just logged on to read your responses- my presentation is in 3 hrs. For some reason I didn't get the automatied e-mail responses (so I figured no one replied).

I looked at hipaa.org. Very confusing (for my simple mind). I'll check the other links you guys posted (if it's not too late!!!)