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Message Board>
Permanent Makeup
HIPAA ???
OKTat2Makeup
368 posts
Jul 20, 2008
7:09 PM
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Because our pmu procedures are not considered a medical procedure, do you consider your clients protected under HIPAA?
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Maggie
1517 posts
Jul 20, 2008
8:52 PM
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Interesting question. HIPAA seems to exclude certain small, self-administered health organizations but we aren't even a health organization. I know in at least VA tattoo regs, there is a provision for HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards. They don't define it beyond that, however. One could argue, yes, because we ask personal information about their medical conditions. All my client files are locked. I never put the information onto a computer that accesses the Internet, either. I try very hard to err on the side of caution and keep their personal information very confidential.
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facecrafter
691 posts
Jul 20, 2008
8:57 PM
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If you have clients fill out forms with medical information, as we are supposed to, those forms must be kept in a secured location, under HIPAA rules. Also, that medical information cannot be shared with anyone unless specifically OK'd by the client, to be shared. Those of us who do areola re-pigmentation, are performing under medical confidentiality rules as well, whihc means technically, there should ber no indications, visible to anyone else, of the fact that we are performing that procedure on someone. If you indicate what procedure your appointments are for, be sure no one can see that appointment book other than you or your own staff. Often, people tend to look over our shoulders to see available times and so forth. Don't let them do that. Other than that, my understanding is we're not generally restricted by the HIPAA regulations.
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Be well and beautiful,
:)udy
judy@facecrafter.com
www.facecrafter.com
941-351-1333
Last Edited on 20-Jul-2008 9:00 PM
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LiZa
3020 posts
Jul 20, 2008
9:00 PM
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It's probably good to say that we are not regulated to conform to it, but to be safe, cautious and respectful - we should treat our workplace and our clients personal info as though we were required.
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OKTat2Makeup
369 posts
Jul 21, 2008
9:44 AM
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As you all know, my state requires I work under a physician or dentist. All my clients actually sign a privacy practice form provided by my dentist as well as all 7000 forms I have them fill out and sign. I believe because my clients are having their work done in a dental office and my clients are having a 'medical procedure' done, they are actually protected. You know I am in agreement with you that I am not a micro'piggie', however, I have finally found a reason to utilize my state law. I have a personal matter that is requiring attorneys. I got a request from an opposing attorney that wants all my clients' names, numbers, addresses, procedures performed and cost or value of each procedure. They want all my client records from the last three years. My answer to this is they are protected under HIPAA because this is a medical procedure. My clients did sign a form protecting them from any public disclosure, and they have not authorized disclosure of even their existence in my business. These women trust I will not share any of their information, many are in my office secretly. Do you concur regarding their protection? Do you believe there is a certain amount of personal information I should provide without a court order?
Obviously, my counsel is involved in this, so I will seek his advice also.
Last Edited on 21-Jul-2008 9:47 AM
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LiZa
3021 posts
Jul 21, 2008
11:20 AM
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thats right, you have to work under a doc. so yep, i bet you do fall under the privacy act.
LiZa Sims, cpcp
cosmetictattoo.com
U.S. LIPigments Distributor
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annna
19 posts
Aug 17, 2008
7:27 PM
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Hi,
Forgive me for bringing back an old post but understanding HIPAA is important for many reasons- not the least is someone trying to attack your business crying HIPAA violation for whatever gain or harm they imagine or concerns about giving out information. Patient health care privacy is the goal of this law and it was created in response to advanced technology.
Most PMU practices if not all, medspas, hair and nail salons, are not "covered entities" for purposes of HIPAA as defined by 45 CFR 160.103. Stored identifiable health information electronically transmitted outside of the covered entity protection is HIPAA violation. (Paper, fax, phone transmissions dont qualify since they are not electronically stored.) Those who work in covered entity medical practices might keep separate charts from the medical records or seek advice from a health care atty.
As LiZa says, we must respect our patient/client's privacy by not giving out information without their permission but this is different than being under HIPAA.
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LiZa
3128 posts
Aug 17, 2008
7:57 PM
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Thank you annna (thats a lot of n's) for your input on this important subject. in my office, i keep my daily files in the wall file holder facing backwards and have a strong rule that files are strictly accessed and used only in the working area, never in the front desk/waiting room area.
Bringing up an old thread is always welcome.
Thank you.
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FaceFixer
1 post
Aug 18, 2008
9:42 AM
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I work in dentistry; and the HIPAA requirements only apply to offices doing ELECTRONIC INFORMATION TRANSFERING. Although, it is common courtesy and good business practices to respect our guests personal choices for PM and not disclose their private information to 3rd parties. This information below was found on the ADA website:
The Health Insurance Portability and Accountability Act (HIPAA) requires all health plans, including ERISA, health care clearinghouses and any dentist who transmits health information in an electronic transaction, to use a standard format. Those plans and providers that choose not to use the electronic standards can use a clearinghouse to comply with the requirement. Providers' paper transactions are not subject to this requirement.
In an effort to educate our members on the implications of HIPAA the ADA will post content on this page to assist its members in actively participating in HIPAA educational opportunities.
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OKTat2Makeup
375 posts
Aug 18, 2008
8:40 PM
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The dental office I work in does electronically transfer all their information.
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