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Frequently Asked
Questions???
It may possibly be the most confusing
set of regulations ever created for the health care industry. HIPAA is certainly
here to stay, but what are the regulations exactly?
This is a question ask by just about every health care
professional. Unfortunately, the people who created HIPAA have not made it ease
for the general public to locate simple terms and definitions, as well as the
requirements of the all parties governed by these regulations. In fact, the
regulations change every day, most have not even been finalized.
To help address some of your concerns regarding the HIPAA
regulations, we have created our HIPAA Q&A page. On this page we have listed
some of the most frequently asked questions regarding the regulations and the
answers to those questions. In addition, we have made some recommendations to help you with your HIPAA compliance requirements.
The following information has been compiled by our company in an effort to help
you understand the regulations and to let you know what you need to do in order
to comply with these regulations. This information has been gathered from
numerous HIPAA internet sources, HIPAA research and Federal Registry postings,
as well as our attendance of various HIPAA seminars.
Disclaimer:
Universal Medical Management Systems & Drbilling.com have taken reasonable
steps verify the information on this site. However, we do make any
representations or warranties, express or implied, as to the accuracy of the
information contained in this site. Universal Medical Management Systems,
Drbilling.com and its employees, owners and contractors assume no responsibility
or liability for any errors or omissions in it's information or the results
obtained from the use of any information available on this site. Site
users are solely responsible for determining the validity of the information
provided on this site and whether or not that information is suitable for their
purposes. Users should consult with their legal counsel regarding any matter
which may effect their business.
| 1. |
How can my office
provide evidence that we have made every efforts to comply with the HIPAA requirements?
Create a folder and store all of our office HIPAA documents in it. Your HIPAA
Folder is where you should keep all of your HIPAA forms, vendor or business
associate agreements and other documents related to your HIPAA office
policies. Please place this folder in a secure location.
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| 2. |
Do I really need to
file the HIPAA extension plan?
If you have not done so yet, you must file your HIPAA compliance
extension. This can be done by visiting the CMS HIPAA site and completing
the form online. Remember your extension must be filed by October 15,
2002. After you have completed the extension form online, print the form
or save it for your records. After you have submitted your form, you
will be given a confirmation number. This confirmation number should be
stored in your HIPAA folder. Some small Practices and supplies may not
need to file the extension plan. See the HIPAA regulation at the CMS
website for more details.
Click
here to visit the CMS HIPAA site
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| 3. |
What will HIPAA
Cost your practice?
The initial financial impact for HIPAA compliance should not be to
significant. However, When completing the HIPAA extension form you must
consider the long term cost, included in this figure should be: salaries
and hours spent in the evaluation and implementation process, forms creation, office
equipment, software upgrades, consulting and training costs, etc. It is
estimated that the average practice will spend between $50,000.00 to
$100,000.00 during the entire compliance period.
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| 4. |
What will your
practice need to do to ensure that it complies with the Electronic
Transactions Standards (ETS)?
Your software vendor should be responsible for handling with this issue.
You may incur a cost for software upgrades but it shouldn't be
significant. However, if it does look to be a costly issue, you may want
to consider changing vendors.
The ETS compliance is not scheduled to go into effect until mid-year
2003. However, it is a good idea to request something in writing from your
vendor addressing this issue and outlining their migration plan and target
date for compliance.
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| 5.
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Do patient charts
need to be locked-up in secured storage units?
No. At this time you do not need to keep patient charts and records
locked in file or storage cabinets. However, you will need to keep these
records in a location in your office where patients or other parties will
not have visual or physical access to them.
Protection of patient health information (PHI) is the most
important aspect of the HIPAA regulations. As a party governed by these
regulations, you must make every effort to ensure that information on each
and every patient remains privileged. This means that your files can not
be placed in the site of patients or other parties, your computer monitor
screens must be out of the view of said parties, charts holders or bins
must be designed to block the name of the patients or other privileged
PHI, etc.
It's a good idea to take a little time and walk around your
office. If you are able to easily see any documentation containing PHI you
should make immediate modifications to prevent this. Remember to document
all compliance efforts and keep these with your HIPAA records.
For more information on privacy standards, visit the following pages at
the Department of Health and Human Services website:
Standards
For Privacy Of Individually Identifiable Health Information
HHS
First Major Protections For Patient Privacy
Modifications
To The Standards For Privacy Of Individually Identifiable Health
Information-Final Rule
For more information on the protection of privacy and access to health
care, visit the following page at he Department of Health and Human
Services website: Protection
Of Privacy And Access To Care
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| 6. |
What is a notice of
privacy practices?
The HIPAA compliant notice of privacy practices outlines what kind of
information your practice may disclose, as well as the patients rights.
This document should be placed in an area of your office where patients
can access it.
Click here to
view sample a Notice of Privacy Practices
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| 7. |
What is a HIPAA
compliant authorization to disclose private health information form used
for and how is it used?
A HIPAA complaint authorization form is one that specifically states
what information is authorized to be disclosed and to whom. A HIPAA
compliant authorization form must also include the name of the health care
provider or practice name, as well as signature of the patient or other authorized party.
This form must be signed by the patient or authorized party when every PHI
is disclosed. A copy of the authorization should be kept in the patient
chart. This form is not needed in order to submit claim information for
insurance payment or other third party payment.
Click here
see a sample of a HIPAA compliant authorization form
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| 8.
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What is the current HIPAA
compliance Calendar?
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HIPAA
Rule |
Compliance
Date |
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Transactions
& Code Sets |
October
16, 2003*
*If an extension is submitted to HHS by October 15, 2002 |
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Privacy |
April
14, 2003 |
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Unique
Employer Identifier |
July
30, 2004 |
The following HIPAA rules will go into effect two years after a
Final Rule is published:
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HIPAA
Rule Pending |
Expected
Final Rule Publication Date |
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Security |
August
2002 |
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Unique
Health Care Provider Identifier |
August
2002 |
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Unique
Health Plan Identifier |
August
2002 |
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Standards
for Claims Attachments |
August
2002 |
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Standard
for Electronic Signature |
Unknown
(Awaiting recommendations from the NCVHS) |
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Standard
Transaction for First Report of Injury |
Unknown
(Proposed rule expected in 2002) |
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Unique
Individual Identifier |
Delayed
indefinitely |
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| 9. |
Are office policy manuals required under the HIPAA regulations?
Yes, you will need to develop written HIPAA office policies or manuals.
In addition, an individual in your office will need to be assigned the
title of Privacy Officer and Compliance Officer. This individual does not
have to be specially trained or certified. The assigned party must be knowledgeable
in office policies, state and federal regulations including HIPAA
regulations. This party must also be responsible for training and updating
staff members on new regulations and amended regulations, as well as
enforcement of office privacy policies.
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Please continue to visit our
website for updates to this page. You may enter your email information below to
enroll in our question of the week emailer. Each week we will email a Q & A
you and your staff may have interest in.
Would you like to submit a question
to our Q&A staff. Answers to your questions will be sent to you via
email and may be posted on our website.
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