HIPAA Information

Common Questions regarding HIPAA and how it affects your practice.

We've heard some alarmingly incorrect information about how HIPAA really affects an office. Many people mistakenly believe that as long as their clearinghouse is HIPAA compliant, then they are in compliance. This is WRONG! If you send a claim electronically, you automatically become a "HIPAA Covered Entity" which means you are legally required to be FULLY HIPAA compliant. There are many other "triggers" that also make you legally required to be fully HIPAA compliant.

This cannot be emphasized enough, even if you are using software or clearinghouses that are HIPAA compliant, you are not HIPAA compliant unless you complete all the required forms and have your patient's sign all the proper paperwork. You must be HIPAA compliant in 4 different ways (electronic transactions, privacy, security and national identifiers ((NPI - which you should already have by now)).

If you paid an employee to do the research and try to find all the forms you need, you would pay MUCH more than the cost of the HIPAA Complete book and CD. We have reviewed many seminars and other HIPAA compliance products and this is by far the simplest and easiest that we have found. Not to mention that the price is extremely reasonable. There's really no better way to get the job done!

HIPAA FAQs

Q: If I am already HIPAA compliant, how does HITECH effect me?

A: Policies and Notices must be updated to reflect the changes as required by HITECH.

Q: If I fax a claim to an insurance company, is that a HIPAA transaction?

A: If you fax from your computer, then it becomes a HIPAA transaction and you become a HIPAA covered entity. If you use a separate fax machine, it does NOT automatically make you a HIPAA covered entity.

Q: How can I find out if I (or a business I work with) is a HIPAA covered entity?

A: CMS has created a nice little document to help you figure it out. You can read and/or download their "Covered Entity Charts" by clicking here.

Q: Why should I worry about being HIPAA compliant? Who's really going to know anyway?

A: The HITECH rule went into effect February 2010. Penalties are stiffer than they used to be and are now tiered based on how much at fault you were.

You should care because each violation has a $100 civil penalty and up to a $1.5 million dollar criminal penalty and/or up to 10 years in jail. It is NOT worth taking a chance.

HIPAA Training and Forms

The ultimate "HIPAA How-To" - Risk Management / Assessment Tools and Forms

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HIPAA Privacy Notice to Patients

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