Psychiatric News March 21, 2003
Volume 38 Number 6
© 2003 American Psychiatric Association
p. 9
Be Prepared!
The compliance date for the federal privacy rule is just around the corner—April 14, 2003. To help APA members meet the compliance requirements, APA has developed a packet of educational materials and sample documents that can be accessed on APA’s Web site at www.psych.org/pub_pol_adv/hipaa/hipaa_guide.cfm. Hard copies are available by calling the APA Answer Center at (888) 35-PSYCH.
The privacy rule was mandated by a subsection of the 1996 Health Insurance Portability and Accountability Act (HIPAA) titled "Administrative Simplification." This subsection required the creation of federal rules regarding the transmission and safeguarding of electronically shared health information. The packet includes the following materials:
- Frequently asked questions about the privacy rule
- Privacy rule policies and procedures
- APA’s position statement on "Minimum Necessary Guidelines for Third-Party Payers for Psychiatric Treatment"
- Two resource documents: "Psychotherapy Notes Provision of the HIPAA Privacy Rule" and "Documentation of Psychotherapy by Psychiatrists"
- Three sample forms: "Notice of Privacy Practices," "Patients’ Acknowledgment of Notice of Privacy Practices," and "Patients’ Authorization to Use/Disclose Health Information"
The materials were developed by APA’s Corresponding Committee on Confidentiality. The members of the committee are Margo Goldman, M.D. (chair), Douglas Ingram, M.D., David Benedek, M.D., Roxane Sanders, M.D., Arthur Farley, M.D., Joan Gerbasi, M.D., J.D., Peter Mayerson, M.D., Peter Ash, M.D., Latanya Sweeney, M.D., and Paul Mosher, M.D.
Goldman noted that members can use the committee’s materials to draft policies and procedures that fit their particular practices. Nonetheless, they should still consult with an attorney to evaluate their specific circumstances and ensure that they comply with state law.
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