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A HIPPA Clarification



The State of Maine has already determined to its own satisfaction that HIPPA
covers medical records in ALL formats, not just electronic billing records.
I was told this by the consultants the State has hired to give HIPPA advice
to its Executive Branch agencies.  The State Records Center has been
declared a "business partner" of Human Services due to our storage of
Medicaid records, which most assuredly are paper files, and we've been told
we must comply with HIPPA.

So my esteemed colleague Art Dostie is now tasked with finding out if these
"experts" are justified in the concern they then proceeded to express for
historic medical records in the custody of Archives Services.  Unfortunately
HIPPA does specifically state that its provisions apply to dead people.  I
downloaded the whole tham ding and read it last Friday afternoon (being in a
masochistic mood, I guess...).  Where I personally think we'll be hanging
our hats, although of course we will consult our counsel before doing
anything about this except research it, is the term "covered entity."
Whether I like it or not, my side of our agency is one.  Hopefully we can
get our AG to declare that Archives Services is not.

Art, please excuse me for butting in.  :-)

Nina M. Osier, Director
Division of Records Management Services
Maine State Archives
Nina.Osier@state.me.us

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