Re: Ossur Affiliation
Brett Saunders
Description
Collection
Title:
Re: Ossur Affiliation
Creator:
Brett Saunders
Date:
6/11/2003
Text:
I replied to John directly, but he requested that I post this directly to
the list for everyone's consideration.
This issue puts a question before each practitioner and facility. Do we use
the products of a company that will direct mail our patients and try to
steer them away from us as a result of our choice to use their products?
I have been a loyal user of the Ossur liners since introduction to the US
market and really fell in love with the ICEX cast system. While I do not
use the ICEX kits anymore, I still use the liners and foot systems on a
regular basis.
Now I am going to question my purchases with Ossur. As a business decision,
how can I support a company with purchases that will actively direct
patients away unless I pay them a ransom beyond the component costs.
As far as compliance with HIPAA, while I am sure they have a legal opinion
on the matter, I do not believe OPT-OUT is in compliance because the
patients have never been given notice they have a right to OPT-OUT. Nor has
Ossur provided a Notice of Privacy Practices to 'their' patients but they
consider themselves a Health Care Provider. They called themselves a Health
Care Provider in a letter dated April 18, 2003 addressed to their customers
when they declined to sign a business associate agreement.
AOPA's advice from the February 19, 2003 AOPA in Advance...those that are
AOPA member were able to see this info...those that were not could only see
the advertisement about the info....was If an O&P facility sends the PHI to
the manufacturer or lab for the purposes of treatment, the facility is not
required to have a Business Associate Contract. However if a facility
shares its patients' PHI for any other purpose such as providing a name and
address for warranty, it would then need a Business Associate Contract to
safeguard that PHI.
My answer to this is to ask that the patient use the facility address when
completing warranty cards and even to offer to complete and send in the
cards as a service to the patient, even providing the stamp. I want to make
sure the direct contact information does not make it to a company that is
actively seeking to move my patients elsewhere.
Brett R. Saunders, CPO, FAAOP
the list for everyone's consideration.
This issue puts a question before each practitioner and facility. Do we use
the products of a company that will direct mail our patients and try to
steer them away from us as a result of our choice to use their products?
I have been a loyal user of the Ossur liners since introduction to the US
market and really fell in love with the ICEX cast system. While I do not
use the ICEX kits anymore, I still use the liners and foot systems on a
regular basis.
Now I am going to question my purchases with Ossur. As a business decision,
how can I support a company with purchases that will actively direct
patients away unless I pay them a ransom beyond the component costs.
As far as compliance with HIPAA, while I am sure they have a legal opinion
on the matter, I do not believe OPT-OUT is in compliance because the
patients have never been given notice they have a right to OPT-OUT. Nor has
Ossur provided a Notice of Privacy Practices to 'their' patients but they
consider themselves a Health Care Provider. They called themselves a Health
Care Provider in a letter dated April 18, 2003 addressed to their customers
when they declined to sign a business associate agreement.
AOPA's advice from the February 19, 2003 AOPA in Advance...those that are
AOPA member were able to see this info...those that were not could only see
the advertisement about the info....was If an O&P facility sends the PHI to
the manufacturer or lab for the purposes of treatment, the facility is not
required to have a Business Associate Contract. However if a facility
shares its patients' PHI for any other purpose such as providing a name and
address for warranty, it would then need a Business Associate Contract to
safeguard that PHI.
My answer to this is to ask that the patient use the facility address when
completing warranty cards and even to offer to complete and send in the
cards as a service to the patient, even providing the stamp. I want to make
sure the direct contact information does not make it to a company that is
actively seeking to move my patients elsewhere.
Brett R. Saunders, CPO, FAAOP
Citation
Brett Saunders, “Re: Ossur Affiliation,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 26, 2024, https://library.drfop.org/items/show/221305.
