RE: Re: Ticklr/ reminder systems---> hipaa sorry try this

[Guest guest]

Does

the HIPAA Privacy Rule permit health care providers to use e-mail to discuss health issues and treatment with their patients?Answer:Yes.

The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so. See 45 C.F.R. § 164.530©. For example, certain precautions may need to be taken when using e-mail to avoid unintentional disclosures, such as checking the e-mail address for accuracy before sending, or sending an e-mail alert to the patient for address confirmation prior to sending the message. Further, while the Privacy Rule does not prohibit the use of unencrypted

e-mail for treatment-related communications between health care providers and patients, other safeguards should be applied to reasonably

protect privacy, such as limiting the amount or type of information disclosed through the unencrypted e-mail. In addition, covered entities will want to ensure that any transmission of electronic protected health

information is in compliance with the HIPAA Security Rule requirements at 45 C.F.R. Part 164, Subpart C.Note that an individual has the right under the Privacy Rule to request and have a covered health care provider communicate with him or her by alternative means or at alternative locations, if reasonable. See 45 C.F.R. § 164.522(. For example, a health care provider should accommodate an individual’s request to receive appointment reminders via e-mail, rather than on a postcard, if e-mail is a reasonable, alternative means for that provider

to communicate with the patient. By the same token, however, if the use

of unencrypted e-mail is unacceptable to a patient who requests confidential communications, other means of communicating with the patient, such as by more secure electronic methods, or by mail or telephone, should be offered and accommodated.Patients may initiate communications with a provider using e-mail. If this situation occurs, the health care provider can assume (unless the patient has explicitly stated otherwise) that e-mail communications are acceptable to the individual. If the provider feels the patient may not be aware of

the possible risks of using unencrypted e-mail, or has concerns about potential liability, the provider can alert the patient of those risks, and let the patient decide whether to continue e-mail communications. Created 12/15/08

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

This may help?

Jean

> With Updox, which I use for fax and email to patients, you can set it to

> let you know if the receiver of the email has not read it in X amount of

> days.  I set mine for 4 days.  If it returns as " unread " and it's  urgent, I

> then call them and leave a message, and note that as an addendum in  the

> chart.  More often, I print out the fax and/or email and mail it to  them,

> noting

> that in the chart.

>

> Do you all think this meets the HIPPA requirement?  Updox provides a

> password-protected patient portal as part of its basic service.

>

> Deanna, FNP

>

--      MD          ph    fax impcenter.org

[Guest guest]

As I read it, if the patient wants regular email there is no problem.  We have every patient that wants email sign a disclosure statement that says they want it as back up if ever needed.  All of the references to other documents basically say use it if it makes sense and offer patients another way to communicate if they have a problem. Seems like regular email is ok to me. Thanks for the reminder. From: [mailto: ] On Behalf Of Sent: Thursday, February 17, 2011 9:20 AMTo: Subject: Re: Re: Ticklr/ reminder systems---> hipaa sorry try this Does the HIPAA Privacy Rule permit health care providers to use e-mail to discuss health issues and treatment with their patients?Answer:Yes. The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail, with their patients, provided they apply reasonable safeguards when doing so. See 45 C.F.R. § 164.530©. For example, certain precautions may need to be taken when using e-mail to avoid unintentional disclosures, such as checking the e-mail address for accuracy before sending, or sending an e-mail alert to the patient for address confirmation prior to sending the message. Further, while the Privacy Rule does not prohibit the use of unencrypted e-mail for treatment-related communications between health care providers and patients, other safeguards should be applied to reasonably protect privacy, such as limiting the amount or type of information disclosed through the unencrypted e-mail. In addition, covered entities will want to ensure that any transmission of electronic protected health information is in compliance with the HIPAA Security Rule requirements at 45 C.F.R. Part 164, Subpart C.Note that an individual has the right under the Privacy Rule to request and have a covered health care provider communicate with him or her by alternative means or at alternative locations, if reasonable. See 45 C.F.R. § 164.522(. For example, a health care provider should accommodate an individual’s request to receive appointment reminders via e-mail, rather than on a postcard, if e-mail is a reasonable, alternative means for that provider to communicate with the patient. By the same token, however, if the use of unencrypted e-mail is unacceptable to a patient who requests confidential communications, other means of communicating with the patient, such as by more secure electronic methods, or by mail or telephone, should be offered and accommodated.Patients may initiate communications with a provider using e-mail. If this situation occurs, the health care provider can assume (unless the patient has explicitly stated otherwise) that e-mail communications are acceptable to the individual. If the provider feels the patient may not be aware of the possible risks of using unencrypted e-mail, or has concerns about potential liability, the provider can alert the patient of those risks, and let the patient decide whether to continue e-mail communications. Created 12/15/08http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.htmlThis may help?Jean> With Updox, which I use for fax and email to patients, you can set it to> let you know if the receiver of the email has not read it in X amount of> days. I set mine for 4 days. If it returns as " unread " and it's urgent, I> then call them and leave a message, and note that as an addendum in the> chart. More often, I print out the fax and/or email and mail it to them,> noting> that in the chart.>> Do you all think this meets the HIPPA requirement? Updox provides a> password-protected patient portal as part of its basic service.>> Deanna, FNP> -- MD ph fax impcenter.org