June 1, 2003 Regular News HIPAA adds steps to obtaining medical records HIPAA adds steps to obtaining medical records There’s more involved to getting medical records than just serving a subpoena, thanks to privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA) that went into effect April 14.The new requirement for lawyers is that they must provide proof that they have given notice to the person whose medical records they are seeking, as well as sufficient information about how that information will be used.It’s the hospital or medical entity that would be hit with penalties for noncompliance — fines up to $25,000 for multiple violations and criminal penalties up to $250,000 and 10 years in prison for the intentional misuse of private health information.The penalty for lawyers who don’t follow the proper new procedures is the hassle of delay in getting the information requested.“Under HIPAA, it requires the lawyer who is subpoenaing the records to notify the health care provider that there has been no objection by the individual. That’s an additional step that lawyers, before April 14, didn’t have to take,” said Elizabeth Hodge, an attorney who represents an Orlando hospital.“The more I deal with HIPAA, it seems the reach of it keeps expanding and you have to think about it in a lot more context than perhaps we first thought. Everybody is trying to talk to each other and try to figure out the best way to approach these problems. It really is new territory. Nationally, the American Health Lawyers Association has a listserv dedicated to HIPAA and health care issues. Every day, there are questions, and everyone doesn’t have the answer. It’s not black and white. Trying to implement things, sometimes raises things the rule didn’t cover,” Hodge said.“I think a lot of the larger firms have HIPAA knowledge. Call your friends. Seriously, it’s almost like having a support system for HIPAA.”Kathy Reep, vice president/financial services for the Florida Hospital Association, wrote a letter to The Florida Bar requesting assistance in spreading the word to Florida’s lawyers about the new regulations. She explains that provisions of the HIPAA regulations under Section 164.512(e)(l) “restricts the ability of hospitals to respond to third-party requests for production of patient records. That section requires that the entity responding to the request receive satisfactory assurance that the subject of the records being sought has received notice of a request, has had ample time to object, and has not objected to the production of the requested documents.”Provisions of the new federal rule generally comport with the requirements of Florida Rule of Civil Procedure 1.351, which requires that all parties to a legal proceeding receive notice of a request for production that is to be sent to a third party. The HIPAA regulations, however, change the requirements that must be met before hospitals can comply with third-party subpoenas.“Under the new HIPAA regulations, hospitals will have to require proof of compliance with Rule 1.351. Historically, many hospitals have responded to third-party subpoenas without receiving proof of service of the notices required under the Florida rules.”Because health care providers are subject to the penalties, they are being counseled to be very cautious and use their own forms, at least in the beginning, Hodge said.The Department of Veterans Affairs, for example, has issued a new VHA Form 10-5345 (Request for Authorization to Release Medical Records or Information).K. Sue Meyer, regional counsel for the VA, said “any requests for protected health information received at a VHA facility on or after April 14, 2003, must be on this new form, or on a form that contains the same information and notices to the patient. The VHA form can be obtained from any VHA medical facility or downloaded from this Web site: www.va.gov/vaforms/medical/pdf/10-5345.pdfBar Board of Governors member Mike Glazer, who is also a member of the Health Law Section, said most lawyers who deal regularly with the health care community were prepared that the changes were coming.“The purpose of HIPAA is to provide more uniform protections of individually identified health information, and it is broad and complex,” Glazer said. “A couple of things are clear: One is it requires people who have this kind of information to enter into business associate contracts that require that anybody who gets the information to protect it. It’s clear lawyers are business associates. Even though there is client-lawyer confidentiality, you still need to be careful with this kind of information. And it can apply to all kinds of lawyers.. . “Another point that is important is that HIPAA stands for uniform federal regulations. However, HIPAA also provides that if a statewide law covers the issue or is more strict, then state law still applies. In fact, there are resources out there where you can look at state laws that may be different than federal law.”Glazer recommends that lawyers with questions about HIPAA, check out the federal government Web site: www.hhs.gov/ocr/hipaa/privacy.html.Linda Jude, executive director of the Florida Defense Lawyers Association, said her group is sponsoring a conference in Maitland on June 5-7, adding a new topic to deal with how to handle the new HIPAA requirements.On the FDLA Web site, there is a “Defense Counsel’s Primer on HIPAA Compliance,” that begins: “It appears that compliance with the new HIPAA regulations may require us to make minor changes to the wording of our Notices of Non-party Production, the wording in subpoenas to medical providers, and to our process for issuing subpoenas to the medical providers.”The FDLA advice goes on to say, “Despite the language within HIPAA, many medical providers may still think we must submit HIPAA-compliant authorization forms signed by the plaintiffs to receive plaintiffs’ medical records. It may take a while to educate these providers that HIPAA still allows medical providers to release these records upon receipt of a subpoena and proof of notice.”Hodge’s advice to lawyers who deal regularly with medical records: “Recognize that the (health care) providers are muddling through this, too, and there may be some rough patches. But if we work together, we all can get to a point that providers can meet their requirements under the rule, and lawyers can get the records they need.”
We start the first day of summer with a hot offer of jobs from tourism and catering! Out of 400 active ads on the portal of our partner MojPosao.net, we single out the following employers and job positions:Maistra dd is the leading hotel company in Croatia and is part of the Adris Group, and currently employs trainee deck. The new employee will take care of the protection and safety of passengers. For this job, a high school diploma, a seaman’s book and a certificate of basic safety on board are expected. You can send your CV with the request to the employer via link to log in to the ad which is active until July 3rd.Casa Alice doo is a tourism and catering company, specialized in providing bed and breakfast services and just hiring people for room cleaning and cleaning jobs. Food and accommodation are provided, and your own registration you can send until July 3rd.If you are communicative, skilful, independent in your work, energetic, positive and respect the team in which you work, join Kempinski Hotel Adriatic team! The position is open Cook – demi chef, which requires work experience and basic knowledge of English. The minimum income is 5.500 kuna net, accommodation and meals are provided, and the new employee will also receive training and the possibility of training out of season in Kempisnka hotels outside Croatia. Registration is possible until June 25 via this ads. Calucem doo in Pula he employs a business process management specialist. This successful company is engaged in the production and distribution of special cements, in more than 60 countries around the world. Knowledge of working in a database (SQL, MC Access) and SAP software package is desirable. More information about this job can be found at ad with a duration of 28 June.Bretanide Sport & Wellness Resort employs a hotel director. The new employee is expected to have five years of work experience in leading positions in the hotel industry and excellent knowledge of English and German. More information about this job can be found at ad which is active until June 27th.ETHNO HOUSES PLITVICA VILLAGE invites you to apply for a job the head of the reception. Many years of experience working at the reception and a minimum of one year of experience as the head of the reception are required for a successful application. The employer provides excellent income, bonuses, accommodation and food. Sign in via link at the bottom of the ad.Photo: www.milenijhoteli.comcompany Hadria doo is registered in the town of Novalja, on the island of Pag. The subject of the company’s business are activities related to tourism. Hadria doo operates through the Hotel Loža, Camp Straško and Camp Pušća on Krk, which are open from April to October every year, and currently employs a large number of employees at different job positions. Hurry up with the application!Medora hotels and resorts are located in Podgora on the Makarska Riviera and are looking for a restaurant and bar manager, a la carte kitchen manager, chef, receptionist and finance and accounting specialist. Details of these positions can be found at ads which are active until June 26th.company Club Adriatic has several hotels – Hotel Croatia, Hotel Alem, Hotel Komodor and apartments and rooms Club Vala. Given their successful business, they are hiring new employees for the jobs of chef, assistant chef, maid and cleaner. The employer provides accommodation, hot meals and benefits by arrangement. Submit your application today via link at the bottom of the ad.Tourist settlement Jezera Village he has won several Croatian and international awards and has loyal guests who return to him from year to year. If you are looking for a waiter job, pay attention to ad which is active until June 28th. Receipts amount to 6.000 kuna net, work is done until October 1, and accommodation and food are provided.Hotel Life is a boutique hotel located in a small quiet bay between Rogoznica and Primosten, and currently employs a large number of maids and maids. Accommodation and food are provided, and you can send your CV to the employer via link at the bottom of the ad.company Nautika doo wants to empower teams in its restaurants, so we hereby invite all interested candidates to apply at open positions: chef, pizza master, bartender, waiter and receptionist at the restaurant.Salona Palace hotel employs a receptionist and a chef. It is a matter of working on a specific basis, and you can find all the details about the donkey in ads.If you are looking for a job in the area of Opatija, pay attention to ads for a night helper, a kitchen helper, and a maid. The minimum income is 4.500 kuna net, with provided food and quality accommodation. Submit your application and become a part Millennium hotel!You can find the entire offer of job advertisements on the portal moj-posao.net. Good luck everyone.
And there’s another familiar contest at Kingspan Breffni Park where Donegal and Monaghm will meet in their Ulster semi-final replay.The action begins at 7pm.In hurling, there are four games today in the first round of the All Ireland Qualifiers.Wexford will play host to Offaly in an all-Leinster contest at Innovate Wexford Park this afternoon, where there’s a half-past three start time.Also this evening, Westmeath will host Limerick at Cusack Park from 5pm.And there’s a 7 o’clock throw-in for the other two qualifier contests.Clare host Laois at Cusack Park in Ennis, while there’s a potential epic on the cards at Pairc Ui Rinn, where Cork will be playing host to the Dublin hurlers. The opening game of the day is the re-scheduled All-Ireland football qualifier between Laois and Armagh at O’Moore Park.After Laois were found to have used one-too-many subs during their victory two weeks ago, the two counties have been ordered to replay the match, with throw-in at 3pm this afternoon.Also in qualifier action, Sligo will host their neighbours Leitrim in their round 2A clash at Markievicz Park this evening, where there’s a 6 o’clock start time.