Hey Perry Mason. If the patient has signed a consent, then HIPA doesn't apply. Why dont you point us to the HIPA Section that 'Chart Mining is Illegal'. At the same time, why dont you also provide some links or references to support your assertion that recent publications say bone stims 'simply don't make much of a difference in the healing process'. Why dont you just save the world and call your congressman.
Oh Waiter, I'll have some of what ^ Perry Mason's havin'..
Frequently asked questions about the HIPAA privacy
FAQs Information
May a physician or hospital "fax" a patient's medical information to other physicians or to an insurer?
What is the "minimum necessary" standard?
What can a physician say to another covered entity if the covered entity will not fax information on the belief that the "fax" would not be allowed under the Privacy Rules?
May a physician discuss information about a patient's treatment with other physicians using e-mail?
What steps should a physician take to protect oral communications with or about patients?
If a patient's family members call to ask how their loved one is doing, what can the treating physician disclose?
Question regarding physicians' difficulty with gathering patient information
Physicians report a concern the Privacy Rules may create a barrier to effective communication about patients. How should a physician evaluate whether a particular communication is acceptable or is restricted by the Privacy Rules?
May a physician send out appointment-reminder postcards? Leave messages on answering machines? Verify appointment times with the patient's spouse or other living companion?
May a physician use a sign-in sheet? Call out names in the waiting area? Place charts outside a patient's room while the patient is waiting to see the physician?
May a hospital provide information, including a patient's room number, to a patient's family or friends or to the clergy?
May a physician send protected health information overseas for transcription?
May a physician or hospital release information to the police to assist with an investigation?
Do the Privacy Rules prevent 911 dispatchers, emergency medics, or police or fire departments from using patient's names and other identifiable information?
How is the government enforcing the Privacy Rules?
The family of a deceased patient is requesting the patient's original medical records. Can my office refuse?
Are there any physicians or groups exempted from the HIPAA privacy requirements?
What is a Notice of Privacy Practices?
What are the requirements for a physician to distribute a Notice of Privacy Practices to patients and seek an acknowledgement that each patient has received a copy?
Do the Privacy Rules require a physician to get the patient's consent for uses and disclosures?
May a physician obtain a consent instead of providing the Notice of Privacy Practices?
Are physicians required to have pharmaceutical sales representatives sign Business Associate Agreements?
Do the Privacy Rules require physicians to have pharmaceutical sales representatives sign any type of confidentiality agreement, even one that is not a Business Associate Agreement?
Although the Privacy Rules do not require physicians to have pharmaceutical sales representatives sign any type of confidentiality agreement, may a physician ask sales representatives to sign them anyway?
May a physician continue to make adverse event reports to pharmaceutical manufacturers and/or the FDA?
May a sales representative sit in on a patient's exam or treatment?
May a physician share protected health information with a sales representative as part of a discussion about the physician's experiences with the manufacturer's product?
May a physician disclose protected health information to a pharmaceutical sales representative or directly to a pharmaceutical manufacturer for purposes of enrolling a patient in a patient assistance program?
May a physician provide a sales representative with patients' names and addresses so the sales representative can send follow-up mailings?
No. This would require the physician to obtain a valid authorization from each patient giving the physician permission to disclose the patient's protected health information to the pharmaceutical manufacturer for this purpose.
What tools and resources does the AMA have available to assist physicians to understand and implement the Privacy Rules?
Does the AMA recommend other resources that a physician might find helpful to learn more about the Privacy Rules?
Where can a physician learn more about the HIPAA Transaction and Code Set Rules and the Security Rules?
Is HIPAA ever preempted by state law?
Related Links
How to HIPAA: The Top 10 Steps
Related Articles
Articles on Billing and Coding
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