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What We Know and Don't Know About HIPAA

Here's what we do know about HIPAA: _____

Here's what we don't know about HIPAA: ∞

This article includes links to authoritative and otherwise web sites that may answer many of your questions about HIPAA compliance.

The number of HIPAA questions our legal department receives seems to be increasing geometrically. Here are just a few examples:

Subscriber Question... "I was asked to look into our agency's risks concerning HIPAA and what we need to do to be 'compliant.' We would like to get some 'expert' advice. Can you help?"

Subscriber Question... "As an owner of a small agency, are we required to become HIPAA compliant if we do not send any health info electronically and only use GA's for all our health, LTC and Med Supp business? I have been told we do not and that it is the GA's responsibility."

Subscriber Question... "One of our business associates is seeking insurance coverage to protect them in the event of Privacy Rule violations by them or their staff members."

Unfortunately, we don't have all the answers and we're not sure anyone does at this point. Anytime you're dealing with a new legislative initiative, and statutory requirements and liabilities, there will be many unknowns. As we gather more information, we will make it available to IIABA members through our state associations. In the meantime, insureds should seek competent legal advice from an attorney or other qualifed professional who is well versed in HIPAA (and, hopefully, insurance).

To assist in your general study of HIPAA and associated issues, below is a listing of web sites that you might find helpful.

[Note: As stated in our Disclaimer section, IIABA does not endorse, approve, certify, or control the information on other web sites, and is not responsible for the accuracy, timeliness, completeness, efficacy, merchantability, fitness for any particular purpose, or correct sequencing of information located at such sites.]

Government Links

Office for Civil Rights - Privacy of Health Records

Office for Civil Rights - HIPAA Summary (PDF files)

Office for Civil Rights - Final Modifications to the Privacy Rule (PDF)

Office for Civil Rights - Sample Business Associate Contract Provisions

U.S. Department of Health & Human Services - HIPAA FAQs

U.S. Department of H&HS - Covered Entity Decision Support Tool

U.S. Department of H&HS - Administrative Simplification Information

In addition, IIABA has published a HIPAA Privacy Guide that is available to IIABA members only. Please contact your state association for a free copy.