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HIPAA Bottom Line: A partial
summary of HIPAA 
WHO is affected:
Chiropractors, and everyone else in health care is affected.
If you ever send any patient information electronically, you are a
HIPAA Covered Entity. And if not,
you still have to keep every patient’s Protected Health Information (PHI)
private. WHAT is HIPAA: A
Federal consumer protection Law giving patient’s new privacy rights, and
chiropractors new responsibilities to create and maintain
"formal documented procedures” about patient privacy. WHERE do changes need to be made?
In
your office, and in your office procedures. HIPAA compliance requires making an
honest effort for your office. You have to implement “reasonable”
measures to strongly protect patient privacy. A hospital and a solo doctor
office will be judged differently. You start with a record of what
needs to change in your office (the “Gap” analysis) end up with two new
office manuals which comply with your state law - one HIPAA office policy
manual, and one HIPAA office procedure manual to protect the privacy of patient
files, computers, travel cards and all other records. Your HIPPA Privacy officer
(probably you) will, among other things, obtain and implement a: NOTICE OF PRIVACY PRACTICES telling
Patient’s they have the right to view, copy or amend their records; restrict
and be informed of disclosures; demand alternative communications, and complain
to the secretary of Health and Human Services. BUSINESS ASSOCIATE AGREEMENT for
anyone who ever has any access to any patient records. MEDICAL RECORDS RELEASE (many old
"Authorization to Release Medical Records" are HIPAA defective). PLUS HIPAA compliant Consent forms,
restriction of disclosure forms, Patient request for amendment to record form,
patient complaint form and possibly others, WHEN: By
April 14, 2003, you must document that you have evaluated your practice,
changed what is necessary, and generate a HIPAA Compliance Verification Report. WHY: BIG $$$ FINES. $25,000 maximum for any one kind of violation (although minor
violations are only $100). $50,000
fine and/or up to one year in jail for wrongful disclosure of PHI.
PLUS, there may be additional malpractice exposure if your
practice is in violation of federal law. FOR MORE HIPAA INFO, Dr. Weiniger
Recommends: This CD-ROM and Manual provides step-by-step instructions to get your office HIPAA compliant. Included are instructions for preparing your in-office manual, editable forms, staff meeting agendas, reference materials, and more. It includes everything you need to get compliant. Chiropractic Articles Section
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