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Re: Medical records was Re: Ethics in Archives



5/7/01

        I will be glad to check with the focus group whose meetings I am attending
re HIPAA's implementation in the N.C. Department of Health and Human
Services, but my strong impression is that any organization holding health
records is covered by HIPAA's privacy and security regulations as a
"business associate". Furthermore, the provisions do not cease with a
patient's death. That searches of the legislation do not yield references to
archives is, in my opinion, *no* indication that the provisions do not apply
to anyone storing medical records. This is very far-reaching legislation.

Ed Southern

++++++++++++++++++++++++++++++++++++++++++++
Edwin Southern, Ph.D  (esouthern@ncsl.dcr.state.nc.us)
Head, State and University Records Unit
Department of Cultural Resources
Division of Archives and History
Archives and Records Section
Government Records Branch
4615 Mail Service Center
Raleigh, NC 27699-4615

Phone 919/733-3540
Fax 919/715-3627

Opinions expressed in this message may
not represent the policy of my agency.
++++++++++++++++++++++++++++++++++++++++++++


-----Original Message-----
From: Archives & Archivists [mailto:ARCHIVES@LISTSERV.MUOHIO.EDU]On
Behalf Of Alan A. Andolsen
Sent: Saturday, May 05, 2001 2:54 PM
To: ARCHIVES@LISTSERV.MUOHIO.EDU
Subject: Re: Medical records was Re: Ethics in Archives


I have completed substantial research in the HIPAA regulations, and there
are
no references to health records which have been released to archives.

Those covered by HIPAA are:

45 CFR 160.102

(1) A health plan.
(2) A health care clearinghouse.
(3) A health care provider who transmits any health information in
electronic
form in connection with a transaction covered by this subchapter.

45 CFR 164.104

Except as otherwise provided, the provisions of this part apply to covered
entities: health plans, health care clearinghouses, and health care
providers
who transmit health information in electronic form in connection with any
transaction referred to in section 1173(a)(1) of the Act.

A complete search of 45 CFR 160 and 164 unearths no references to archives.

Al


Peter Kurilecz wrote:
>
> I don't know if this has been considered but recently new federal
> regulations resulting from the HIPAA law went into effect. I don't know
how
> (or if) the new regulations will affect the medical records currently held
> by archives. The regulations are part of 45 CFR 164 et seq.
>
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--
Alan A. Andolsen CMC CRM
President
Naremco Services Inc.
60 East 42nd Street
New York, NY 10165

 Voice: 212-697-0290
   Fax: 212-986-1736
MailTo:AlAndolsen@NAREMCO.COM
   URL: http://www.naremco.com

A posting from the Archives & Archivists LISTSERV List!

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Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>

A posting from the Archives & Archivists LISTSERV List!

To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to archives@listserv.muohio.edu

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>