HHS Helps Physicians Adapt To Medical Privacy Rule

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. ▪