[Med-privacy] complaints

[pmarshall]

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eConnect - October 2004

More HIPAA complaints to come in 2005
Author: Patty Enrado, Contributing editor
eConnect Code: HIPAA 1004

SHARP Workgroup <http://www.sharpworkgroup.com/hippasp.html>
HIPAA penalties=20
<http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo=
=2Egov/2003/pdf/03-9497.pdf>=20

HIPAA violation case=20
<http://www.usdoj.gov/usao/waw/press_room/2004/aug/pdf_files/cr04_0374rsm=
_plea.pdf>=20

U.S. Attorney=19s Office press release=20
<http://www.usdoj.gov/usao/waw/press_room/2004/aug/gibson.htm>
Email the writer <mailto:patty.enrado@medtechpublishing.com>
Email the editor <mailto:editor@healthcareitnews.com>

JACKSONVILLE, FL =14 The Southern Healthcare Administrative Regional=20
Process (SHARP) Workgroup has looked at the more than 7,080 privacy and=20
147 transactions and code sets rule complaints that have been filed up=20
to June 2004 for HIPAA violations. And it looks like there are plenty=20
more to come.

Gloria Steinberg, a member of SHARP Workgroup=19s advisory board and the =

National Regional SNIP Affiliate Representative of WEDI, said the=20
industry has been focusing on getting the mandatory 837 form in the=20
correct format. However, once enough of the final rules are released and =

all stakeholders become better educated, she expects a plethora of HIPAA =

complaints to be filed in 2005.

Steinberg said the current system for correcting formats is flawed and=20
clearinghouses are not dispatching legal information to their clients=20
quickly enough.

This bottleneck will likely contribute to the expected rise in=20
complaints. The privacy rule was put in place April 14, 2003, and the=20
transactions and code sets rule has been on the books since Sept. 16,=20
2003. However, the final rules are still being adjusted and are expected =

to be released sometime in 2005.

So far, the Office for Civil Rights under the U.S. Department of Health=20
and Human Services has closed 55 percent of the privacy cases due to=20
lack of jurisdiction and non-violation discoveries. Voluntary compliance =

also resolved some of the cases. It has closed 68 of the 147 transaction =

and code sets rule complaints.

Steinberg noted the disparity in number of complaints between the two=20
areas is a result of citizens being free to file privacy complaints.=20
While punishment for violations range from fines to prison sentences,=20
Steinberg said the focus has been on helping parties reach compliance=20
rather than on punishment.

<http://www.healthcareitnews.com/news/index.cfm?IssueID=3D11>



=A92004 MedTech Publishing Company, LLC






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