Complying with patient privacy requirements

Nurse Practitioner, May 2002 by Buppert, Carolyn

Compliance

To ensure compliance with the regulations, use the approach detailed in Table 6, "A Compliance Plan."

Future changes

The DHHS realizes that the first set of regulations still are not perfect and it is prepared to issue further changes. In response to a first wave of comments and questions, the DHHS will review a second set of comments to the March 2002 proposed rule. NPs can expect further modification to the rule.

Privacy in Practice

The new regulations add another layer of legal responsibilities and another risk source for NPs. Breaches of privacy, like breaches of the standard of care or breaches of billing rules, present unfortunate, but often preventable, incidents. The NP who invests the time to implement risk avoidance measures will avoid worry, embarrassment, fines, penalties, and additional time expenditures.

REFERENCES

1. Standards for privacy of individually identifiable health information, final rule. Code of Federal Regulations Parts 160 and 164. Federal Register, December 28, 2000;82462-829.

2. Public Law 104-191.

3. Standards for privacy of individually identifiable health information, proposed rule. Federal Register, March 27, 2002;14775-815.

Carolyn Buppert, NP, JD

ABOUT THE AUTHOR

Carolyn Buppert is an NP and attorney in Annapolis, Md. Her Web site is http://www.buppert.com.