There was an interesting discussion in the Medicare group that I thought I would share with everyone regarding being a covered entity(CE) and using email and text to patients. My question: if the patient gives written and signed authorization to use PHI in communication with them (ex. texts, emails, etc) and the patient is fully aware of the risks, is this allowed or is this still a violation of the rule? The rule states, “a CE may only use or disclose PHI if either (1) the HIPAA Privacy Rule specifically permits or requires it; or (2) the individual who is the subject of the information provides a written authorization” Nancy Beckley (a very credible resource) responded: Yes, You are correct, but us compliance folks like to go to the source Source 1 https://www.hhs.gov/…/does-hipaa-permit-health-c…/index.html Source 2 also, Lawyer Kim Stanger gives a multidimensional answer on his blog that you may find helpful: https://www.hollandhart.com/hipaa-emails-texts Here is your answer for many of you in a cash based practice, who want to use texting and email to communicate to your patients. This will help a lot of you get some clarity on this topic. Hope it helps Regards, ...
Part 1 – The Vision of Cash Based Physical Therapy, Business Mindset, and Healthcare Trends Part 2 – Blue Ocean Strategy, Creating Value, and Adapting to the Future Part 3 – The Art of Selling Your Services, Online Marketing, Sales, and Marketing...
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So I like to keep things simple. Here is the short simple version: Like Einstein said, “Everything should be made as simple as possible, but never simpler.” or the KISS Principle: Keep It Simple Stupid 1. What kind of relationship do you have with Medicare? Only 3 options here. You have No relationship with Medicare You are a “Participating Provider” with Medicare. You are a “Non-Participating Provider” with Medicare. I recommend to have no relationship with Medicare. It is going bankrupt and its a broken system. Too many limitations and guidelines. Some people may target this population and may choose to have a relationship and see Medicare patients, which is fine for them if they choose this. When it comes down to it, you need to do what is best for your business and your patients. I recommend to stay away from Medicare because of where it is going in the future and its limitations. 2. Physical therapists, currently, cannot choose to opt out of Medicare. Unfortunately we as physical therapists are are not included in the list of practitioners who can opt out of Medicare (outlined in the Balance Budget Act of 1997 and Medicare Prescription Drug Improvement and Modernization Act of 2003. Opting out is different than what your relationship is with Medicare. So you CANNOT “opt out” and collect cash payment from a Medicare patient that is considered medically necesary or a Medicare covered service. 3. In a cash based physical therapy practice, you CANNOT see a Medicare beneficiary for a service that is covered under Medicare guidelines and is deemed medically necessary. 4. If you are talking to a Medicare...
