The Clinical, Industrial & Corporate Committee

NEWS FROM THE DISTRICT:

Welcome to the district 8 CIC web page. This is an on going page designed to keep the membership who work in the CIC setting up to date on the news from around the district and the nation. Feedback from you the membership is vital to the functioning of this web page. We need to know what is going on in your area. What are the obstacles, problems and concerns you are having and what do you need form the district and national office to help you. You can send your comments / concerns / up-dates to the following address: Steve.mccauley@HCAhealthcare.com

NEWS FROM THE NATIONAL COMMITTEE:

1. The CIC survey is in and results will be coming soon.

2. HIPPA, please see the over view of the HIPAA rules. The NATA has given a response to the federal government. (See the information below)

3. Reimbursement issues: There are states and ATCs who are getting reimbursement from 3rd party payers. However, not in the district 8 as of yet.

HIPAA NEWS:

Background: HIPAA, which stands for Health Insurance Portability and Accountability Act, was created in part to allow employees to keep their medical insurance plans as they change jobs ("Portability"). HIPAA can be broken down into three rules: the Transaction Rule, the Security Rule and the Privacy Rule. The Transaction Rule is intended to standardize procedure codes and electronic billing format, while the Security Rule is designed to secure personally identifiable health care information being transmitted electronically. The Privacy Rule will have the greatest impact on how health care providers communicate and share patient medical information. The Privacy Rule took effect on April 14, 2001. Most covered entities must comply with the Privacy Rule by April 14, 2003. This rule creates national standards to protect individuals' personal health information and gives patients increased access to their medical records. HIPAA regulations only affect "covered entities" or those health care providers who conduct financial or administrative transactions electronically. However, this definition has been expanded to include all health care entities and business associates who utilize a patient's medical records - this includes certified athletic trainers in all employment settings.

Proposed Modifications: To ensure that the provisions of the final rule provide strong privacy protection without hindering access to health care, the Department of Health and Human Services on March 21, 2002, proposed modifications to the Privacy Rule. There are five main categories that will most likely affect certified athletic trainers. Consent Authorization by the Patient Consent allows health care providers to communicate with one another about a patient's care. The proposal would remove consent requirements that would potentially interfere with the efficient delivery of health care. It would also strengthen requirements for providers to notify patients about their privacy rights and practices. Previously, consent requirements interfered with referrals to specialists, providing treatment over the telephone and emergency medical providers. Under the proposal, patients would be asked to acknowledge receipt of the notice of privacy rights and practices. This is applicable to ATCs in all settings with typical considerations given to minors. Authorization to release Information, the patient must authorize health care providers to disclose personal health information to a third party specified by the patient. An authorization is more detailed and specific than consent. It covers only the uses and disclosures of stipulated information. It has an expiration date and can state the purpose for which the information may be used or disclosed. These create implications for injury reports: certified athletic trainers will need to have authorization for each injury episode instead of a blanket authorization that covers all injuries for an entire season. Thus, this modification is applicable to ATCs in all settings with typical considerations given to minors. Communications/reports to coaches, media and administrators fall under this category. Minimum necessary and Oral Communications. This provision requires covered entities (health care providers, etc.) to make reasonable efforts to limit the use and disclosure of and request for protected health information to the minimum necessary to accomplish the intended purpose. It is not intended to keep providers from talking to each other regarding a patient's care, nor is it intended to eliminate all risks of prohibited disclosure as originally stated. Improper disclosures to third parties would still violate the rule. Again, this proposal is applicable to ATCs in all settings, and caution should be used when giving sideline injury reports to media or other parties without prior authorization from parents and Minors. The current rule may have unintentionally limited a parent's access to his/her child's medical records. The modification clarifies that state law governs disclosures to parents. The proposed change is applicable to all ATCs who work with minors. Uses and disclosures for Research Purposes. The proposal eliminates the need for multiple forms - one for consent and another for authorization to release information. One form can be used to accomplish both purposes. Researchers and educators should review this modification. Note: ATCs who bill for athletic training services, regardless of work setting must be aware of electronic billing rules (Rules 1 & 2) that are described elsewhere within HIPAA regulations.

Resources for Additional Information: This summary is not intended to be all-inclusive. Rather, it serves as notice to all certified athletic trainers that provisions called for under HIPAA will impact the way you practice athletic training. Please consult your employer, medical director/supervising physicians and administrators to be sure that you clearly understand your role in the privacy policy and procedures they will be required to develop. Share this information with third parties you work with, i.e., coaches, parents, media, etc.

The following web sites can provide additional information:

www.hhs.gov (US Department of Health and Human Services) Follow the "News" link. The HHS News and HHS Fact Sheets are very informative.

www.hhs.gov/ocr/hipaa describes how to participate during the comment period that ends on April 26, 2002.