Responses (2)
  • Accepted Answer

    Wednesday, January 13 2016, 12:32 PM - #Permalink
    0
    Patient Privacy Notices under current rules must reflect the notion of "meaningful consent." That means you need to explicitly tell patients their rights. Consent forms should to specify the rights of patients, as well as your responsibilities as a provider. For example: Patients should be informed that they may request copies of their health records, or that they can ask you for corrections to information in their records.

    In the 10 Step Plan on MyHIPAAGuide.com, Step 8 includes several options for downloadable templates, in both English and Spanish, to help you achieve Meaningful Consent through properly worded Patient Privacy Notices. You may add your practice name and logo to the templates.
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  • Accepted Answer

    Monday, April 18 2016, 10:40 AM - #Permalink
    0
    Current Patient Privacy Notices require that patients be clearly advised of their rights, and that they understand their rights. Regarding patient consent, the priority now is on "meaningful" consent. The federal government defines meaningful consent this way:

    Consent should not be a “check-the-box” exercise. Meaningful consent occurs when the patient makes an informed decision and the choice is properly recorded and maintained. Specifically the meaningful consent decision has six aspects. The decision should be:

    Made with full transparency and education

    Made only after the patient has had sufficient time to review educational material;

    Commensurate with circumstances for why health information is exchanged (i.e., the further the information-sharing strays from a reasonable patient expectation, the more time and education is required for the patient before he or she makes a decision);

    Not used for discriminatory purposes or as a condition for receiving medical treatment;

    Consistent with patient expectations; and

    Revocable at any time

    MyHIPAAGuide.com subscribers may access templates for meaningful consent privacy notices in English and Spanish, available under Step 8 of the 10 Step Plan.
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Your Reply

10 Step HIPAA Plan

  • Step 1: Make Sure you Must Comply with HIPAA +

    What's Inside:
    Lists of who is generally covered and who is not, plus contact for inquiries.
  • Step 2: Designate Team Leaders +

    What's Inside:
    • 7-page HIPAA basics
    • 62-page guide to security and privacy of ePHI
    • Compliance Charter Template
  • Step 3: Develop Security Policies & Procedures +

    What's Inside:
    Templates for Security Policies and Procedures
  • Step 4: Conduct a security risk analysis +

    What's Inside:
    INTRODUCTORY:
    • Guides
    • Short videos
    • Interactive quizzes on risk assessment and contingency preparation
    • 10 common myths

    ADVANCED:
    Interactive tutorial – 156 questions with fill-able PDFs for Windows or iPad. All material from federal sources.
  • Step 5: Develop an action plan +

    What's Inside:
    INTRODUCTORY:
    • 11-page overview on ePHI for small practices
    • 4-page Q&A addresses email with patients
    • Checklists

    ADVANCED:
    Toolkit on 45 implementation specifications
  • Step 6: Reduce Risks of a Breach +

    What's Inside:
    • Overview of expectations
    • Annual Work Plan Template
  • Step 7: Train the Team +

    What's Inside:
    • Form for reporting breach notification
    • Links to details on the notification process and what constitutes a breach.
    • Suite of Training Materials
  • Step 8: Customize Privacy Notices +

    What's Inside:
    FOR ALL:
    • Privacy notice templates to help achieve meaningful consent, in English & Spanish.

    INTRODUCTORY:
    • Professionals' guide covering 2013 updates on communications.

    ADVANCED:
    • Electronic toolkit with patient education and meaningful consent sample materials.
  • Step 9: Execute Business Associate Agreements +

    What's Inside:
    • Sample Business Associate Agreement (BAA) provisions
    • Suite of BA Management Tools
  • Step 10: Verify Compliance with HIPAA +

    What's Inside:
    INTRODUCTORY:
    • Tip sheets
    • Short videos
    • Overviews

    ADVANCED:
    • 94-page guide on the EHR incentive program
    • Beginners' toolkit on reporting to the government

    All from federal sources.
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