2-16-2006 HHS Publishes Final Rule on Enforcement

Security Regulations Take Effect 4-20-05
Pragmatics of HIPAA for Ethical Independent Practitioners. The training materials linked below were developed by Michaele Dunlap, Psy.D. and Barney McDowell, L.C.S.W.for a training presented 2-28-03. They are available FREE for mental health professionals who find them useful. State laws supercede HIPAA when state laws are more protective of privacy. You need to consider both while preparing your Policies and Procedures document, your Privacy Practices Notice, etc. We are not selling this material. We are offering it in the cooperative spirit of the American Mental Health Alliance. We are willing to answer questions and promote discussion on this material. See the HIPAA Forum Link below. We hope you will join us and help spread the word that there is an alternative to invasive 3rd party payment systems: AMHA-USA.

HIPAA Help Directory

Click on the links below to view information. HHS offers a list, by subject, of Websites and public inquiry and publication phone numbers for popular topics about HIPAA. Mailing Address and Telephone Number The U.S. Department of Health and Human Services 200 Independence Avenue, S.W. Washington, D.C. 20201 If you want to talk with someone official about hard to answer questions. Telephone: 202-619-0257 Toll Free: 1-877-696-6775
Brief HIPAA History

Introduction to the 3 HIPAA Standards
Overview of what HIPAA regulates.

Checklist for HIPAA Compliance
What the private practitioner needs to pay attention to.

Can you be non-covered?
Discussion of non-covered and non-compliant status.

Tasks to do
Planning for and implementing HIPAA Privacy Standards.

Transactions Standards
Under HIPAA Transaction Standards mental health professionals will be required to ...

Security Standards
Planning outline for HIPAA Security Standards which were issued February 20, 2003.

Policies & Procedures
Creating the required policies and procedures documentation.

Privacy Notice Requirements
Includes link to sample Privacy Practices Notice

Consents - forms

Authorizations - forms
Authorization forms, discussion of requirements, HIPAA language concerning their use, content.

Therapy Notes vs Clinical Record
A discussion of exclusions according to HIPAA

Sample Clinical Record
For your thoughtful consideration. What will you record?

Psychotherapy Notes
The Contentious Matter of "psychotherapy notes" under HIPAA

Minimum Necessary
A discussion of HIPAA's language on minimum necessary disclosure, how to protect your clients.

What insurance companies want, and why they shouldn't get it.

Business Associates
Agreement with those to whom you give protected health information-to do work for you. Sample form included.

To a variety of other websites, resources, original HIPAA documents.

HIPAA & Forensic Practice Connell and Koocher article on Pope site.

Offers the opportunity to ask questions, discuss the clinical implications of HIPAA, suggest other topics for discussion.
HIPAA can create a loss of privacy. The form linked below appears on the Citizens Council on HealthCare site. http://www.cchc-mn.org/fortherecord.php3. It might be used as a Confidentiality Demand for 3rd parties receiving information under an Authorization.
Link to Privacy Form

This page was originally created May 29, 2002 to publish training materials presented at a continuing education event: Pragmatics of HIPAA, Compliance with HIPAA for the Ethical Independent Practitioner in Portland, OR 5-17-03. That training was expanded and revised and presented again on 11-22-02 and revised and presented again on 2-28-03. Our objective is to help professionals deal with a bad rule the best they can. At the same time we support legal and legislative actions to change and overturn HIPAA rules that allow invasion of personal privacy.
Ten Privacy Principals for Health Care

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