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Simply a Well Done Privacy Policy | 74 comments (74 topical) | Post A Comment
It's because of ...[ Reply to This ] (none / 0) (#2)
by Anonymous User on Tue Nov 01, 2005 at 04:09:33 AM PDT

HIPAA. All health care providers & facilities have to obey these rules.

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Yeppers[ Parent | Reply to This ] (none / 0) (#3)
by Anonymous User on Tue Nov 01, 2005 at 07:50:22 AM PDT

The company is governed by HIPAA. A Covered Entity cannot use or disclose an individuals Protected Health Information unless: It is disclosed to the individual The individual had authorized it. Or, It's allowed by the regulation without an authorization. PHI is information that identifies an individual AND tells something about their health.

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don't rely on HIPAA[ Parent | Reply to This ] (none / 0) (#4)
by Anonymous User on Tue Nov 01, 2005 at 09:05:46 AM PDT

Recently our corporate fax machine received a multi-page fax from a large public hospital in a nearby city. Our fax number was correctly listed but the document concerned transportation and critical care arrangments for a very seriously ill patient and it was obvious that a mistake had been made. When I contacted the sender and suggested that faxing such documents was subject to these types of errors, the response was "There's a disclaimer on the bottom of the first page so we're not liable for anything and the patient has no recourse." When I pushed my complaint further up the management chain at the hospital, their response was almost identical - a disclaimer provides them with complete immunity against a breathtaking variety of poor policies, human errors and careless practices. Forget HIPAA - it is useless!

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Disclaim this...[ Parent | Reply to This ] (none / 0) (#6)
by Anonymous User on Tue Nov 01, 2005 at 10:00:49 AM PDT

While the management of the hospital may think they are covered by their disclaimer, I suspect even a hack laywer could win a claim against them. You can't disclaim away the violation of a law. Now they may avoid a few lawsuits with their bluff disclaimer, but if they are careless often enough, someone will nail them. This is not unlike the warning signs you see on the back of gravel trucks claiming no responsibilities for cracked windshields. You may be able to fool most of the people with these disclaimers, but not the ones who understand the laws.

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s2222[ Parent | Reply to This ] (none / 0) (#159)
by Anonymous User on Fri Aug 15, 2008 at 04:06:07 AM PDT

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feds[ Parent | Reply to This ] (none / 0) (#7)
by Anonymous User on Tue Nov 01, 2005 at 10:03:06 AM PDT

I would bet that if the proper government organization was notified, the hospital would change their tune. HIPPA specifically (I was told by our legal dept.) rejects such disclaimers. If you screw up for any reason, you can be held accountable. We certainly make our best effort in complying!

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Don't rely on somebody who got caught...[ Parent | Reply to This ] (none / 0) (#9)
by jimdoria on Tue Nov 01, 2005 at 10:22:23 AM PDT

...doing something wrong to tell you the whole truth. If a young guy was running down the street and bumped into you, dropping what was obviously an old lady's handbag, then said "I didn't steal that!" would you be inclined to believe him? Keep in mind that HIPAA is a new law. The bugs are still being worked out, and many organizations are still groping around a bit to figure out what they must do to comply. Don't dismiss it as garbage just because it's not working perfectly at this point! Part of making it work is being willing to hold institutions accountable for their actions. True, the biggest provision in the law is for punishing "knowing" disclosures of information, and since this was presumably an "unknowing" disclosure, they are not going to be hit with hefty fines or anything. But that's NOT the beginning and end of the law. They are also REQUIRED to have a process in place for dealing with security failures, and to asess whether they are succesfully complying. If they find that too many faxes are going astray, they are bound to re-think their use of faxes for transmitting this kind of information. You should contact them and ask for the name of the officer in charge of HIPAA compliance, then make sure you speak to that person. Ask them what their policy is for making sure these kinds of accidents do not recur. If the hospital is still recalcitrant, you can file a complaint by following the instructions at: http://www.hhs.gov/ocr/privacyhowtofile.htm

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pasing[ Parent | Reply to This ] (none / 0) (#156)
by Anonymous User on Wed Jul 09, 2008 at 01:50:22 AM PDT

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