Site maintenance Wednesday, November 13th, 2024. Please note that access to some content and account information will be unavailable on this date.
Full access
Government News
Published Online: 3 January 2003

HHS Helps Physicians Adapt To Medical Privacy Rule

Christine LehmannAuthors Info & Affiliations
Publication: Psychiatric News
Volume 38, Number 1
https://doi.org/10.1176/pn.38.1.0004
Track CitationsAdd to favorites
PDF/EPUB
The Office of Civil Rights of the Department of Health and Human Services issued a new guidance on its Web site last month to help physicians and certain other health care entities comply with the final federal medical privacy rule.
Several changes were finalized last August 14, including the removal of the patient consent requirement (Psychiatric News, September 6, 2002).
The privacy rule, which became effective last October 15, applies to “covered entities” that conduct certain financial and administrative functions electronically. These entities include health care professionals, health plans, hospitals, insurers, and health care information clearinghouses.
The privacy rule has been revised numerous times since it was issued in 2000. Covered health care entities must comply with the rule by April 14, 2003; some small health plans have until April 14, 2004. “Failure to timely implement these standards may, under certain circumstances, trigger the imposition of civil or criminal penalties,” states the guidance.
The guidance provides information on numerous topics, including incidental use and disclosure of patient information; uses and disclosures for treatment, payment, and health care operations; minimum necessary standards; definitions of personal representatives and business associates; marketing and research provisions; workers’ compensation laws; and frequently asked questions (FAQs).
Each section gives the history of the provision, how it should be applied, and related FAQs. The Department of Health and Human Services plans to post additional FAQs as new questions arise.
APA has posted a position statement and several resource documents on its Web site related to the privacy rule and is developing additional resource documents to clarify the rule and assist members with compliance, according to the Division of Government Relations.
APA’s position statement is titled “Minimum Necessary Guidelines for Third-Party Payers for Psychiatric Treatment,” and the resource documents are titled “Psychotherapy Notes Provision of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule” and “Documentation of Psychotherapy by Psychiatrists.”
These documents are posted on the APA Web site at www.psych.org/pub_pol_adv/hipaa/hipaa_guide.cfm. The OCR guidance is posted at www.hhs.gov/ocr/hipaa/privacy.html. ▪

Information & Authors

Information

Published In

Go to Psychiatric News
Psychiatric News
Volume 38 • Number 1 • January 3, 2003
Pages: 4

History

Published online: 3 January 2003
Published in print: January 3, 2003

Notes

Health care professionals have until April 14 to comply with the provisions of the federal medical privacy rule. The Department of Health and Human Services issues a new guidance to help them.

Authors

Details

Metrics & Citations

Metrics

Citations

Export Citations

If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.

For more information or tips please see 'Downloading to a citation manager' in the Help menu.

Format
Citation style
Style
Copy to clipboard
Tips for downloading citations

View Options

View options

PDF/EPUB

View PDF/EPUB

Login options

Already a subscriber? Access your subscription through your login credentials or your institution for full access to this article.

Personal login Institutional Login Open Athens login

Not a subscriber?

Subscribe Now / Learn More

PsychiatryOnline subscription options offer access to the DSM-5-TR® library, books, journals, CME, and patient resources. This all-in-one virtual library provides psychiatrists and mental health professionals with key resources for diagnosis, treatment, research, and professional development.

Need more help? PsychiatryOnline Customer Service may be reached by emailing [email protected] or by calling 800-368-5777 (in the U.S.) or 703-907-7322 (outside the U.S.).

Media

Figures

Other

Tables

Share

Share

Share article link

Share

×

As described within the American Psychiatric Association (APA)'s Privacy Policy and Terms of Use, this website utilizes cookies, including for the purpose of offering an optimal online experience and services tailored to your preferences. Please read the entire Privacy Policy and Terms of Use. By closing this message, browsing this website, continuing the navigation, or otherwise continuing to use the APA's websites, you confirm that you understand and accept the terms of the Privacy Policy and Terms of Use, including the utilization of cookies.