Re: Mailing list
Philip Tamoush
Description
Collection
Title:
Re: Mailing list
Creator:
Philip Tamoush
Date:
10/29/2007
Text:
Thanks for this valuable information. Now, can anyone tell me if this
applies to a hospital or home giving an amputee support group the name of
a new amputee for us to follow-up with support, offer to visit, put on
mailing list, etc. Or must the hospital/home get permission from the
amputee to do this. Its awfully confusing about what's permissible and
what's not. As a result our referrals are way down. Thanks for any
information, Philip Tamoush, President, Mutual Amputee Aid Foundation
(MAAF), amputee support group of Los Angeles County. Phil Tamoush
On Fri, 26 Oct 2007 09:55:20 -0400 Joyce Perrone < <Email Address Redacted> >
writes:
> 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.
>
>
>
> Joyce J Perrone
> De La Torre O&P, Inc & PROMISE Consulting, Inc
> 300 Alpha Drive Pgh PA 15238
> 412-599-1112 Cell: 412-849-7750
>
> Original post: Date: Thu, 25 Oct 2007 11:36:18 EDT
> From: Elizabeth Park < <Email Address Redacted> >
> Subject: Mailing List
>
> 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
>
>
applies to a hospital or home giving an amputee support group the name of
a new amputee for us to follow-up with support, offer to visit, put on
mailing list, etc. Or must the hospital/home get permission from the
amputee to do this. Its awfully confusing about what's permissible and
what's not. As a result our referrals are way down. Thanks for any
information, Philip Tamoush, President, Mutual Amputee Aid Foundation
(MAAF), amputee support group of Los Angeles County. Phil Tamoush
On Fri, 26 Oct 2007 09:55:20 -0400 Joyce Perrone < <Email Address Redacted> >
writes:
> 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.
>
>
>
> Joyce J Perrone
> De La Torre O&P, Inc & PROMISE Consulting, Inc
> 300 Alpha Drive Pgh PA 15238
> 412-599-1112 Cell: 412-849-7750
>
> Original post: Date: Thu, 25 Oct 2007 11:36:18 EDT
> From: Elizabeth Park < <Email Address Redacted> >
> Subject: Mailing List
>
> 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
>
>
Citation
Philip Tamoush, “Re: Mailing list,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 2, 2024, https://library.drfop.org/items/show/228746.
