Thank-You so much for your e-mails. They are so informative.

My Question is: I am selling my chiropractic  business what is the legal way to be responsible for the transfer of patients files and records?

Sincerely, Dc Pc

Good morning,

I am not an attorney and cannot give you legal advice.  I would have a Business Associate Agreement signed with these other doctors stating how you expect these records to be maintained according to HIPAA Privacy and HIPAA Security regulations.  These doctors have no right to use this information in anyway because that would be considered marketing and patients must give one the right to market to them using their specific PHI. But  you are be responsible for leaving the records vulnerable and unprotected. You are responsible to see that these records are protected forever so get an agreement signed.  This really falls under HIPAA Security and the new Breach Notification Regulations.  

 Thanks for asking, Edie

I left an office with my patients name on the billing software. Can the other doctors make a mailing list and contact my patients to continue care at the facility? We shared an office and were not partners. I have contacted my patients to tell them that I had moved. I just wanted to know.

Thanks

 Good morning,

 I am not an attorney and cannot give you legal advice.  I would have a Business Associate Agreement signed with these other doctors stating how you expect these records to be maintained according to HIPAA Privacy and HIPAA Security regulations.  These doctors have no right to use this information in anyway because that would be considered marketing and patients must give one the right to market to them using their specific PHI. But I think that you would be responsible for leaving the records vulnerable and unprotected. You are responsible to see that these records are protected forever so get an agreement signed.  This really falls under HIPAA Security and the new Breach Notification Regulations. 

 Thanks for Asking, Edie

Hi Edie, we are using 2 web based programs 1) for billing and 2) for documentation.  Do you have any specific training in your program to help us better understand are responsibilities?  Since my staff can access from any computer (anyone with ID and passowrd) how can we create security meansures to protect the data?

Goodmorning,  I wish there was an easy answer, but basically, you need to purchase both of the HIPAA manuals on my website. There is not a simple answer to what you ask.

 HIPAA Privacy is for all protected health information, paper or electronic. Every health care provider needs this manual if they are treating patients. (compliance date requirement, April 14, 2003)

 HIPAA Security is for protected health information maintained, stored or transmitted electronically.  This has specific information for your question. (compliance date requirement , April 20, 2005)

 You need both manuals. Most doctors do.  These manuals are both customized for you office with all the policies and procedures you need to be compliant with HIPAA Privacy and HIPAA Security.  They are both updated for the Breach Notification Requirements (compliance date requirement, 2/20/2010).

 This is the link:  http://www.iccom.org/index_files/ICCOMProducts.html

 If you have more questions, please feel free to ask.

 Thanks for asking, Edie