|
|
|
A Consent To Privacy
Rule Changes
Everyone has heard about the potential changes
to the privacy rule. Many of the changes contained in the proposed rule
address problems identified by DHHS in its guidance on the Privacy Rule
issued in July
2001.(http://www.dwt.com/practc/hc_ecom/bulletins/07-01_DHHS.htm)
The proposed rule changes incorporate a number of provisions that were
relatively unexpected.
The most symbolically important change proposed would be the elimination of
the need for a written and signed patient consent to allow providers to use
protected health information for treatment, payment and operations. Although
the requirement is seen as important by patient advocates, its presence is
only symbolic since providers cannot provide care to anyone who refuses to
give permission. The requirement adds an enormous amount of complexity, and
cost with little real benefit. The proposed amendment would require direct
treatment providers to use their best efforts to obtain a written
acknowledgement of receipt of their notice of privacy practices.
The proposed changes would also give payers and providers greater freedom to
share health information for payment and operations. Under the current rule
a covered entity can use health information for its own purposes, but
cannot, for example, share information with another provider for anything
but healthcare. The proposed changes would permit the sharing of information
for payment and healthcare operations.
The proposed rule would explicitly allow incidental disclosures resulting
from such activities as discussions at nursing stations, the use of sign-in
sheets, calling out names in waiting rooms, and the like. It is clear that
this is only the first in a long series of changes that impact the
healthcare industry and the small organization specifically.
Return To HIPAA Solutions
|
