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Legislative Update
MdHIMA ROI
Legal Guide Coming Soon!
MdHIMA is proud to
announce the soon-to-be released latest version of
A Guide to the Disclosure of Health Information.
Learn more.
Health Information Exchange Pilot Program
Final Staff Recommendation on The Ambulatory Surgery
Guaranteed
Revenue System
New Federal Laws
Participating Medicaid Providers: Written
Prescription Requirements
CMS CoP Changes
Federal Rule of Civil Procedure (December 1, 2006)
New Section to the Deficit Reduction Act (Jan 1
2007)
NPI -
National Provider Identifier
The Health Information Privacy and Security Act of
2007 (Proposed)
Maryland Laws
HSCRC proposed action to decrease the number of days for hospital
outpatient
data submission from 60 days to 45 days
MD HB 510 Health Care
Decisions Act - Advance Directives -
Electronic Documents and Electronic Signatures
Medical Records Copying Charges (2007 Update)
Maryland's New Social Security Number
Privacy Act
Maryland
Legislation
Official HSCRC POA Reporting Requirements Release
(June 28, 2007)
Proposed Bill to
Protect Personal Information
SUBTITLE 35. MARYLAND PERSONAL INFORMATION
PROTECTION ACT.
14-3501 Consumer Protection -
Personal Information Protection
Universal Emergency Codes
Suggestions
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Participating Medicaid Providers: Written
Prescription Requirements
Beginning
April 1, 2008, all
written prescriptions for Medicaid recipients must be on
paper with at least one tamper-resistant feature as
outlined by CMS and defined by your State. Beginning
October 1, 2008, these
same prescriptions must be on paper that meets all three
baseline characteristics of tamper-resistant pads. CMS
has outlined the three baseline characteristics as those
that: (1) prevent unauthorized copying of a completed or
blank prescription form; (2) prevent the erasure or
modification of information writ ten on the prescription
by the prescriber; or (3) prevent the use of counterfeit
prescription forms.
States are responsible for
defining specific features that meet the baseline
characteristics in order for a prescription to be
considered tamper-resistant in that State. Therefore,
we recommend reviewing your State's website for guidance
on acceptable tamper-resistant features. Additional
information on CMS' requirements can be found at:
http://www.cms.hhs.gov/DeficitReductionAct/30_GovtInfo.asp
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CMS CoP Changes
Centers for Medicare & Medicaid Services (CMS)
has published important changes to Condition of
Participation (COP) for hospitals addressing:
Learn More
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Final Staff Recommendation on The Ambulatory Surgery
Guaranteed Revenue System
The next workgroup meeting
to discuss The Ambulatory Surgery Guaranteed Revenue
System will be held:
When: Tuesday, July 31,
2007 1:30 PM-3:30 PM EST
Where: HSCRC's Large Conference Room
Learn More
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The Health Information Privacy and Security Act of
2007 - Proposed Bill
View the article:
http://govhealthit.com/article93970-04-05-06-Web
Bill introduced by
Senators Edward Kennedy (D-MA) and Patrick Leahy (D-VT)
relating to HIPAA. Its purpose is an attempt to
eliminate some of the confusion surrounding the HIPAA
Privacy Regulation and to increase privacy. Among other
things, the bill proposes to create an HHS Office of
Health Information Privacy to increase enforcement of
the regulation and proposes to allow patients to opt out
of electronic health systems that store and transmit the
PHI.
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Official HSCRC POA Reporting Requirements Release
(June 28, 2007)
Learn More
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NPI -
National Provider Identifier
May 23, 2007 is the day
the National Provider Law goes into effect. Once a
provider has received their NPI, they should share their
NPIs with other providers with whom they do business,
and with health plans that request their NPIs. In fact,
as outlined in current regulation, providers must share
their NPI with any entity that may need it for billing
purposes -- including those who need it for designation
of ordering or referring physician. Providers should
also consider letting health plans, or institutions for
whom they work, share their NPIs for them. Failure to
have the NPI timely could result in a disruption of your
cash flow.
CMS has posted new NPI
FAQs on its website. To view, go to the CMS dedicated
NPI webpage at
www.cms.hhs.gov/NationalProvIdentStand and click on
Educational Resources. Scroll down to the section that
says “Related Links Inside CMS” and click on Frequently
Asked Questions. To find the latest FAQs, click on the
arrows next to “Date Updated”.
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New Section to the Deficit Reduction Act (Jan 1
2007)
As of Jan. 1 2007 a new
provision of the Deficit Reduction Act (originally
signed into law Feb 8, 2006) becomes effective. This is
Section 6032, titled “Employee Education About False
Claims Recovery.” It mandates that health care or any
company receiving federal health care dollars of at
least $5 million are now required to inform employees on
how to detect and report fraud to the government. This
may include insurance companies, pharmaceutical
companies, medical equipment suppliers, medical
practices and physicians, and medical laboratories and
pharmacies. Companies must establish written policies
for all of their employees, contractors and agents.
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Federal Rule of Civil Procedure (December 1, 2006)
As a result of changing
practices, the Supreme Court approved amendments to the
Federal Rules of Civil Procedure on April 13, 2006, to
address the unique aspects of electronic discovery. The
amendments will take effect December 1, 2006, and begin
to change HIM practices over time, specifically the
management, retention, and disclosure of health
information.
Although this rule
applies to federal cases, it is expected to set the
standard for e-discovery in state and local
jurisdictions over time. The implications of these new
rules will have far-reaching impact into how electronic
records are managed within healthcare organizations.
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Proposed Bill to
Protect Personal Information
Maryland State
Legislature introduced House Bill 90 on Jan. 22nd
that would require businesses in Maryland to notify
state residents in the event of a breach of their
personal information. The proposed bill also
requires certain data security and data disposal
mandates for personal information. If this bill is
passed, it would take effect Jan. 2008.
View
proposed bill in entirety. Top
Maryland's New Social Security Number
Privacy Act may affect your
facility!
Click here to read the new law that
became effective January 1, 2006.
Contact
legal counsel for your facility to
discuss the impact
of this new law on the operations of
your facility.
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Maryland
Legislation
Learn More
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SUBTITLE 35. MARYLAND PERSONAL
INFORMATION PROTECTION ACT. 14-3501
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New Maryland Law effective January 1, 2008:
http://mlis.state.md.us/2007RS/bills/sb/sb0194e.pdf
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Addresses destruction of personal information by Maryland businesses and their contracted third parties.
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Requires businesses, when destroying a customer's records that contain
certain personal information of the customer to take certain steps to protect
against unauthorized access to or use of the personal information under certain
circumstances; note: personal information is defined as: SS#, Drivers
License #, Financial Account # - including Credit Card #, Individual Taxpayer ID
#.
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requiring certain business that owns or licenses certain personal
information of an individual residing in the State to implement and maintain
certain security procedures and practices under certain circumstances;
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requiring certain businesses that own license, or maintain computerized
data that includes certain personal information of an individual residing in the
State to conduct a certain investigation and notify of preach of the security of
a system under certain circumstances.
View the bill -
Consumer Protection - Personal Information Protection
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Universal Emergency Codes
The Maryland Department of
Health and Mental Hygiene supported a
bill passed in 2001 requiring all
healthcare facilities to adopt a
universal emergency code language. The
Universal Code is effective September 1,
2002.
New
universal emergency codes effective
September 1, 2002:
|
Code Gold |
Bomb
Threat |
| Code
White |
Oxygen
Outage |
|
Code Orange |
Hazmat
Spill/Release |
|
Code Pink |
Infant
Abduction |
|
Code Red |
Fire |
|
Code Yellow |
Natural
or Manmade Disaster |
|
Code Blue |
Resuscitation |
|
Code Green |
Protective Services |
|
Code Silver |
Armed
Person/hostage |
|
|
Weapons
of Mass Destruction |
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Suggestions If you have
suggestions for legislative updates or
favorite legislative websites, please
contact
the Legislative
Chair.
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