Summer Greetings From Your Lawyer!

We are happy to introduce to you the first edition of our firm newsletter, “Report From Counsel.” The newsletter will be seasonal, with four editions each year. Most of the articles will focus on topics of general interest. Many, but not all, of our clients are involved in some aspect of health care, so we will supplement the general articles with reports and updates on health law.

We research all of the articles, and if you have questions about how any of the information in them might pertain to you, then please call and ask to speak to Bruce. Be sure to tell him that you are calling to follow-up on something you read in the newsletter – that way you won’t be charged for the consultation! If it’s easier for you, then feel free to email Bruce; his address is on the cover.

We welcome feedback from you. Let us know if you have a topic that you would like addressed, and we’ll surely consider it.

HEALTH LAW SUPPLEMENT
HIP, HIP, HIPAA? I’ve gotten a number of calls from clients who have read articles about major changes to be wrought by the privacy protections included in this federal legislation (the Health Insurance Portability and Accountability Act of 1996). Eventually HIPAA privacy regulations will establish nationwide standards for privacy and accessability of healthcare records. The “Privacy Rule” of HIPAA became effective on April 14, 2001 but compliance is not required until April 14, 2003, or later for smaller entities. The Privacy Rule preempts states’ laws, except when a state’s laws are more stringent. New York has extensive and rigorous patients’ rights and privacy laws and regulations, so it’s unclear whether and how the Privacy Rule will affect New York practitioners.

Some clients have expressed concern about compliance, i.e., what are they supposed to be doing differently now that the Privacy Rule has gone into effect? Individual and group practitioners should not be doing anything differently than they have been, not yet anyway. It’s probably more important than ever that State laws and regulations regarding confidentiality and disclosures be closely followed. But it will take awhile longer for New York State regulators to understand and recommend specific changes for licensed practitioners.

Changes for hospitals, insurers and non-medical organizations are more certain and are already taking place, involving privacy notices, new forms for authorizations and procedures for electronic claims submissions, and oversight by compliance officers. There are many seminars on HIPAA currently being offered to health care professionals and health attorneys, but for individual and group practices, there is just too much irrelevant and confusing material for these to be worth your time now (the Rule contains over 1500 pages and is still being revised). When and if changes apply to individual and group practitioners, then I am sure they will be publicized adequately at that time.

Some of you who are mental health professionals have expressed concern about HIPAA further eroding confidentiality of mental health records. As of now, there are included in the Privacy Rule special and more stringent requirements for authorizations to release “psychotherapy notes,” so I don’t see any need for concern at the moment.

Best wishes for a relaxing summer,
Bruce