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HIPAA HIPAA: recognize need for protecting medical privacy…have been doing it for some time: –No question about the needin the electronic age--to be able.

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Presentation on theme: "HIPAA HIPAA: recognize need for protecting medical privacy…have been doing it for some time: –No question about the needin the electronic age--to be able."— Presentation transcript:

1 HIPAA HIPAA: recognize need for protecting medical privacy…have been doing it for some time: –No question about the needin the electronic age--to be able to both: Kept exchangeable data private and secure; as well as Streamline transmission of data to achieve efficiencies. –But, we have created a bureaucratic nightmare that could pose barriers to providing effective patient care…and add billions to the nations medical bills. –Pleased that HHS Secretary Thompson agreed to reopen comment period. –Provides opportunity to fix and reshape.

2 HIPAA –Very concerned about: Barriers to patient care in terms of information necessary to treat people; and Costs –First Consulting Group: just three HIPAA provisions could cost up to $22.5 billion over five years. »Minimum necessary (1.3 – 19.8) »Business associate (2.4) »State law preemption (351) Dozens of substantive issues: –Among them is the need for a federal pre-emption…to have a uniform set of standards. –Would say that we have a half-dozen other priority concerns about the regulations.

3 HIPAA First, the consent process. –This would require a patient to sign a new set of consent forms before the hospital can use any medical information to prepare for an admission…even scheduling surgery or reserving a room. What does this mean? –Patients could be forced to make an extra trip to the hospitalno matter how inconvenientto sign a consent form. Solution: –Revert to HHSs original proposal to eliminate this requirement…and permit hospitals to determine method of obtaining patient consent.

4 HIPAA Second, requirements to disclose only minimally necessary information. –This limits information that can be shared within the hospital for treatment…and with external sources for payment and hospital operations. What does this mean? –A nurse walking by a patient in distress is denied access to the medical record because the patient isnt his or her patient. Solution: –Eliminate this requirement for medical information used within the hospital.

5 HIPAA Third, Oral Communications –This extends requirements on protected information to oral communication. What does this mean? –A doctor might be reluctant to discuss diagnosis and treatment with patients in their roomswhere they are semi- privatefor fear of being overheard by nearby patients…or their families and friends. Solution: –Eliminate this requirement

6 HIPAA Fourth, treatment of business associates. –This requires hospitals to have new privacy contracts with all of their business associates and vendors…including mechanisms to share information for analysis with third parties. What does this mean? –Hospitals will haveto spend tens of thousands of dollarsthat can be used for patient careto renegotiate every contract with outside vendors. –In addition, state hospital associations could not share data among contributing hospitals to benchmark for purposes of quality improvement or to achieve economic efficiencies. Solution: –Replace with a safe harbor from liability for hospitals that do business with privacy- certified third parties…and eliminate restrictions on information sharing among contributing hospitals.

7 HIPAA Fifth, law enforcement –The regulations would permit law enforcement officials to seize patients records without judicial review. What does this mean? –In the course of a routine billing inquiry, federal investigators could obtain and use sensitive medical information to investigate a patient for suspected substance abuse. Solution: –Require judicial approval for any request for medical records.

8 HIPAA Finally, implementation date –The regulations require hospitals to be in compliance two years after the rules become effective. What does this mean? –Coming on the heels of Year 2Kand implementation of new payment systems for SNF, home care and outpatienthospitals might have to invest nearly $22 billion in HIPAA compliance…diverting funds from patient care. Solution: –Extend implementation date by additional two years.


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