Rx2000HIPAA Digest, Volume 26 #1 From: Sslazarus@aol.com Subject: Re: HIPAA and military hospitals #2 From: kmaur@medservelink.com Subject: Question: Audits #3 From: Thomas.Sadauskas@tma.osd.mil Subject: RE: The future of HIPAA #4 From: medimage@voicenet.com Subject: Re: The future of HIPAA #5 From: HEROLDP@bcbsil.com Subject: Re: The future of HIPAA #6 From: dafeinberg@home.com Subject: Re: The future of HIPAA #7 From: jeanace@hotmail.com Subject: RE: HIPAA and military hospitals #8 From: Petehc@aol.com Subject: Re: The future of HIPAA ********** Message #1 ********** From: Sslazarus@aol.com To: Rx2000HIPAA@rx2000.org Subject: Re: HIPAA and military hospitals Date: Fri, 9 Jun 2000 01:17:57 EDT All providers are covered entities. Steven S. Lazarus, PhD, FHIMSS President Boundary Information Group 4401 S. Quebec Street - Suite 100 Denver, CO 80237-2644 303-488-9911 sslazarus@aol.com ********** Message #2 ********** From: kmaur@medservelink.com To: "'rx2000HIPAA@rx2000.org'" Subject: Question: Audits Date: Fri, 9 Jun 2000 08:46:13 -0500 Has anyone see any information on what type of audits might be required for the transactions? Including how often, data monitored, user information monitored, patient info monitored, comparisons, etc? Any information would be appreciated! -Kathrine Mancell Business Analyst MedServe Link, Incorporated kmancell@medservelink.com ********** Message #3 ********** From: Thomas.Sadauskas@tma.osd.mil To: "'Rx2000HIPAA@rx2000.org'" Subject: RE: The future of HIPAA Date: Fri, 9 Jun 2000 11:43:17 -0400 I'm not sure that you can accurately call HIPAA a compromise bill sponsored by Democrats. It's other title has been K2 for the Kennedy Kassebaum Bill (or Kassebaum Kennedy Bill depending on your party affiliation). As a matter of fact, the portions that deal with Administrative Simplification (mainly EDI and security) are taken from proposed legislation introduced into Congress by Republican legislators (including Senator Chris Bond from Missouri) in the early 1990s. Also, Dr. Louis Sullivan, Secretary of HHS under George Bush was a big proponent of EDI being used to reduce healthcare administrative costs. The parts of HIPAA dealing with portability were a more "Democratic" issue than the Administrative Simplification. I'm not sure that hoping HIPAA will be repealed with a Republican president in the White House is a viable implementation strategy, especially since we have had a Republican controlled Congress for the last few years. We may not see anything being resolved for a while regarding the Privacy NPRM but EDI is a reality for the healthcare industry that won't go away. Tom Sadauskas, FHFMA, CHE, CPA Logicon, A Northrop Grumman Company Voice - 703-575-0119 (NEW) Fax - 703-575-0215 (NEW) thomas.sadauskas@tma.osd.mil -----Original Message----- From: Rx2000HIPAA@rx2000.org [mailto:Rx2000HIPAA@rx2000.org] Sent: Thursday, June 08, 2000 10:22 AM To: Rx2000HIPAA@rx2000.org Subject: The future of HIPAA BM__MailDataIn discussions at the hospital about preparations for HIPAA, one question keeps surfacing and wanted to see if any other organizations are having the same discussions. Since HIPAA is a compromise bill sponsored by Democrats, and since all formal rules have yet to be established, in the event of a Republican White House and Congress in 2001, how certain are we that this law will stand long enough for everyone to become compliant. Any thoughts? Phyllis Ingram Beebe Medical Center ********** Message #4 ********** From: medimage@voicenet.com To: Subject: Re: The future of HIPAA Date: Fri, 9 Jun 2000 11:49:13 -0400 The future of HIPAAI believe this might be your answer. The rules and regulations will be enforced and perhaps be made even stricter regardless of which party controls the White house or congress. Why? Because HIPAA is an experiment. HCFA itself couldn't possibly adhere or conform to HIPAA. Nobody could. Healthcare is footing the research and development costs of securing the internet for eCommerce, eGovernment and eMilitary. Any comments? dk ----- Original Message ----- From: Rx2000HIPAA@rx2000.org To: Rx2000HIPAA@rx2000.org Sent: Thursday, June 08, 2000 10:21 AM Subject: The future of HIPAA In discussions at the hospital about preparations for HIPAA, one question keeps surfacing and wanted to see if any other organizations are having the same discussions. Since HIPAA is a compromise bill sponsored by Democrats, and since all formal rules have yet to be established, in the event of a Republican White House and Congress in 2001, how certain are we that this law will stand long enough for everyone to become compliant. Any thoughts? Phyllis Ingram Beebe Medical Center ********** Message #5 ********** From: HEROLDP@bcbsil.com To: Subject: Re: The future of HIPAA Date: Fri, 09 Jun 2000 11:29:38 -0500 HIPAA was actually a bipartisan bill "Kennedy Kassebaum Bill" passed = August of 1996. So, I suspect that some folks are doing a bit of wishful = thinking if they think HIPAA will go away. Final rules on transactions and medical code sets are due out in a week = and a half. Plus, Bill Braithwaite of HHS has reported that final rules = for Privacy will be issued between August and November of this year. =20 Patricia J. Herold ITG Project Management HIPAA Program Office 312 653-2234 heroldp@bcbsil.com 06/08/00 09:21AM >>> In discussions at the hospital about preparations for HIPAA, one question keeps surfacing and wanted to see if any other organizations are having the same discussions. Since HIPAA is a compromise bill sponsored by Democrats, and since all formal rules have yet to be established, in the event of a Republican White House and Congress in 2001, how certain are we that this law will stand long enough for everyone to become compliant. Any thoughts? Phyllis Ingram Beebe Medical Center ********** Message #6 ********** From: dafeinberg@home.com To: Rx2000HIPAA@rx2000.org Subject: Re: The future of HIPAA Date: Fri, 09 Jun 2000 10:41:58 -0700 HIPAA was jointly sponsored by members of both parties in both houses of Congress. At one point prior to passage, HIPAA was known as either the Kennedy - Kassebaum bill [Ted Kennedy - Democrat, Mass.] Kassebaum - Kennedy bill [Nancy Kassebaum - Republican, Kan.] K2 bill. I just returned last night from two weeks of meetings at HL7 and, particularly, X12 on standards associated with HIPAA. There were active attendees [that I recognized or had reported to me] from the Health Care Financing Administration (HCFA), approximately 35 state Medicaids, Department of Defense, Veterans Administration, private industry [payers, providers, vendors], and the Department of Health and Human Services (DHHS). HIPAA will stand! The regulations are later than anybody wishes, but they will come, too. Barring some totally unexpected last moment tsunami in Congress to repeal, HIPAA is a GO! At this point, nobody I've been working with for the past four years has any doubt on whether -- just, at this moment, when. [And, if things go as HCFA and DHHS representatives stated at X12 this past Sunday, 'when' could be quite 'soon'.] Dave Feinberg Co-Chair, HIPAA Implementation Work Group Insurance Subcommittee Accredited Standards Committee X12 Voting Member, HL7 and X12 Rensis Corporation [A Consulting Company] 206-617-1717 DAFeinberg@computer.org Rx2000HIPAA@rx2000.org wrote: In discussions at the hospital about preparations for HIPAA, one question keeps surfacing and wanted to see if any other organizations are having the same discussions. Since HIPAA is a compromise bill sponsored by Democrats, and since all formal rules have yet to be established, in the event of a Republican White House and Congress in 2001, how certain are we that this law will stand long enough for everyone to become compliant. Any thoughts? Phyllis Ingram Beebe Medical Center ********** Message #7 ********** From: jeanace@hotmail.com To: Rx2000HIPAA@rx2000.org Subject: RE: HIPAA and military hospitals Date: Fri, 09 Jun 2000 13:26:48 PDT Paul, Regarding your statement that "a provider is covered by HIPAA only if it (or its agent, such as a billing agent or clearinghouse) transmits health information in electronic form in connection with a standard transaction," my interpretation of what is covered is any personally identifiable health information that has ever been maintained or stored in electronic format irrespective of the transaction sets. Example: a provider has no computer and receives a paper report of a CT scan. The information on the report is covered under HIPAA as it emanated from the CAT scanner (digital electronic form). Jean Acevedo, CPC, LHRM VP Product Management Cybear, Inc. ----Original Message Follows---- From: Rx2000HIPAA@rx2000.org Reply-To: Rx2000HIPAA@rx2000.org To: Rx2000HIPAA@rx2000.org Subject: RE: HIPAA and military hospitals Date: Thu, 8 Jun 2000 09:22:15 -0700 I haven't heard anything definitive. I should think ICF-DDs are providers under HIPAA, because a provider includes any person who furnishes health care services or supplies in the normal course of business, and I believe ICF-DDs do this for clients who have medical conditions, as most of them do. However, a provider is covered by HIPAA only if it (or its agent, such as a billing agent or clearinghouse) transmits health information in electronic form in connection with a standard transaction. I suspect most ICF-DDs don't do this. And if an ICF-DD is covered, the privacy restrictions pertain only to health information that is or has been electronically maintained or transmitted. Much has been said about the practical difficulty of distinguishing this kind of health information from paper-based information, but it may be possible to keep it separate from information relating to training and daily activities. Paul Smith Davis Wright Tremaine LLP paulsmith@dwt.com -----Original Message----- From: Rx2000HIPAA@rx2000.org [mailto:Rx2000HIPAA@rx2000.org] Sent: Thursday, June 08, 2000 6:20 AM To: Rx2000HIPAA@rx2000.org Subject: Re: HIPAA and military hospitals On the subject of who is included, has anyone heard a definitive answer on whether agencies providing services to people with mental retardation (aka developmental disabilities), particularly those funded by Medicaid under the ICF/MR program, will have all records covered by HIPAA, or only medical records. For years, the field has been careful to make the distinction that a person with MR/DD was not sick, and therefore should not be referred to as a patient. Much of the contents of the records would involve training/education and assistance provided in activities of daily living. Usually funding is a single daily amount, but the funding is suspended for hospital stays if they occur. ----- Original Message ----- From: To: Sent: Tuesday, May 30, 2000 6:32 PM Subject: RE: HIPAA and military hospitals I suspect that there is a lot going on behind the scenes re: this subject. It was widely understood that some considerable part of the more recent delays was the realization that the MTFs may be included and that caused commensurate dismay, Joe a -----Original Message----- From: Rx2000HIPAA@rx2000.org [mailto:Rx2000HIPAA@rx2000.org] Sent: Tuesday, May 30, 2000 12:15 PM To: Rx2000HIPAA@rx2000.org Subject: HIPAA and military hospitals Can anyone tell me whether or not military hospitals will be required to comply with HIPAA regulations? I have heard both yeah's and nay's. I have also read some of the proposed regs and found nothing that seemed to explicitly exclude military hospitals. Thanks for your help with this! Lane Hatcher Systems Engineer, Wilford Hall Medical Center Lackland AFB, San Antonio, TX rhatcher@flash.net ********** Message #8 ********** From: Petehc@aol.com To: Rx2000HIPAA@rx2000.org Subject: Re: The future of HIPAA Date: Sun, 11 Jun 2000 11:27:10 EDT You are correct. HIPAA is here to stay. Long live the King. Pete Biagiotti Aon, Insurance Brokers 818-363-9435