Mailing LIst Responses Part II

Mailing LIst Responses Part II

Elizabeth Park

Here's the rest...
   
Well -Here they are. At the end is a response from Hanger. We did call him
and he did give a response which I will not post here. I would encourage all
of you to do just what he asks - call him and find out for yourself. Then tell
him exactly what you think of this questionable practice. All I can say is,
money talks -- and where does that leave the rest of us?
 
Thanks - You are a great bunch!
 
Roger Park C.O.
 
In a message dated 10/25/2007 2:09:21 P.M. Eastern Daylight Time,
<Email Address Redacted> writes:
Can anyone tell me how certain O & P companies get the names of patients
to
invite them to their facility for an assessment of their current orthotic
or prosthetic device (provided by another practice?) Isn't this clearly a
HIPPA violation? What about our Code of Ethics? I figured it was from the
ACA,
but we have a patient who received an unsolicited letter from this
publicly-held company and he is not a member of ACA.

Thanks!

Roger Park, CO
 
· · Criminal Penalties

In June 2005, the U.S. Department of Justice (DOJ) clarified who can be
held criminally liable under HIPAA. Covered entities and specified
individuals, as explained below, whom knowingly obtain or disclose
individually identifiable health information in violation of the
Administrative Simplification Regulations face a fine of up to $50,000,
as well as imprisonment up to one year. Offenses committed under false
pretenses allow penalties to be increased to a $100,000 fine, with up to
five years in prison. Finally, offenses committed with the intent to
sell, transfer, or use individually identifiable health information for
commercial advantage, personal gain or malicious harm permit fines of
$250,000, and imprisonment for up to ten years.

Covered Entity and Specified Individuals

The DOJ concluded that the criminal penalties for a violation of HIPAA
are directly applicable to covered entities-including health plans,
health care clearinghouses, health care providers who transmit claims in
electronic form, and Medicare prescription drug card sponsors.
Individuals such as directors, employees, or officers of the covered
entity, where the covered entity is not an individual, may also be
directly criminally liable under HIPAA in accordance with principles of
corporate criminal liability. Where an individual of a covered entity
is not directly liable under HIPAA, they can still be charged with
conspiracy or aiding and abetting.

Knowingly

The DOJ interpreted the knowingly element of the HIPAA statute for
criminal liability as requiring only knowledge of the actions that
constitute an offense. Specific knowledge of an action being in
violation of the HIPAA statute is not required.

As for Our Code of Ethics-- it is like the Hypocratic Oath that
doctors take. While a 'professional' code or oath, it is not subjected
to legal involvement. It may come into play if your state has
licensure, I would suppose.

I would recommend the patient make a copy of the solicitation and
contact the DOJ. I would start by contacting the office of the attorney
general in your area.
 
 
· I am assuming that the public company you are referring to in your
e-mail question below is Hanger Prosthetics and Orthotics.
If you are, please contact me by phone and I will be happy to share with you
where Hanger obtains the names for all mailings.
Dale Berry, CP, FAAOP
VP Clinical Operations
Hanger Orthopedic Group
820 North Lilac Drive, Suite 110
Golden Valley, MN 55422
Phone 763-521-4126
Fax 763-521-4134
Mobile 612-810-1100