HIPPA FAQ's / PRODUCTS

ACLAIMH TRAINING INSTITUTE’S

HIPAA PRIVACY PRODUCTS
FOR NEW YORK STATE MENTAL HEALTH PROGRAMS

ACLAIMH has developed three products for agencies use in becoming HIPAA compliant:

  1. The Pre-emption Analysis;
  2. The Policies and Procedures Manual;
  3. The Guides to Preparing Policies for Mental Health, HIV and Substance Abuse Programs.

All three are available individually or they may be bought as a package.

Because most New York State Mental Hygiene law applies to all licensed programs these are excellent resources for programs that will move from unlicensed status in the existing system to a licensed status under OMH’s new Personalized Recovery Oriented System (PROS) of care.

To order contact: Tina Tortora, 632 Plank Road Suite 110 Clifton Park, NY 12065 (518) 688-1682 ext. 23, FAX: (518) 688-1682 E-mail tina@aclnys.org.

For questions contact: Toni Lasicki, 632 Plank Road Suite 110 Clifton Park, NY 12065 (518) 688-1682 ext. 25, FAX: (518) 688-1682 E-mail toni@aclnys.org.

PREEMPTION ANALYSIS: An analysis of the preemptive effect of the HIPAA Privacy Regulations on certain provisions of New York law that relate to privacy or confidentiality of individually identifiable health information, including those statutes and regulations that govern the operation of the Community Residence program. This 116-page manual is an excellent resource and research tool. It explains what a preemption analysis is and how one is done, along with a definitions section. It analyses each section of New York State Mental Hygiene Law and New York State Public Health Law that pertains to our programs.

A Pre-emption analysis is a necessary first step in deciding how to proceed under HIPAA because some New York Statutes survive HIPAA, while others do not. In some cases only a part of an existing state statute will survive HIPAA so that the two must be blended. It is crucial to know what law you must follow before developing policies and procedures.

Members: $600.00 Non-Members: $750.00


POLICIES, PROCEDURES, AND OTHER DOCUMENTS: The following list of documents will assist you to comply with the HIPAA Privacy Regulations, and where appropriate, with the HIPAA Electronic Transactions and Code Set Regulations:

  • Model HIPAA consent
  • Model notice of privacy practices
  • Model HIPAA authorization (general)
  • Two forms of business associate contract – long and short forms
  • Chain of Trust Agreement
  • Model privacy officer job description
  • Model Board of Directors resolutions directing HIPAA compliance and adoption of required administrative measures
  • HIPAA 101 – brief introduction to HIPAA privacy for general staff education
  • HIPAA Overview presentation for Board of Directors/Board of Trustees
  • Model policy regarding compliance with the HIPAA Privacy Regulations, (including discussion of protected health information and de-identified information, and use and disclosure of protected health information for treatment, payment, and health care operations)
  • Model policy and procedure regarding compliance with the minimum necessary standard vis-à-vis payment and health care operations
  • Model staff confidentiality policy and procedure (for employees and other workforce members, including volunteers)
  • Model policy and procedure regarding facility directory (including “opt-out” form)
  • Model policy and procedure regarding marketing activities (including “opt-out” form)
  • Model policy and procedure regarding fund-raising activities (including “opt-out” form)
  • Guide to preparation and maintenance of designated record sets
  • Model quality assurance policy and procedure to retain separation of quality assurance records from designated record sets
  • Model policy and procedure regarding handling requests for privacy protection for protected health information (including requests for restrictions on uses and disclosures, and requests for confidential communications)
  • Model policy and procedure regarding handling requests for access to medical records/designated record sets
  • Model policy and procedure regarding handling consumer requests to amend medical records/designated record set
  • Model policy and procedure regarding accountings of disclosures of protected health information (including what must be tracked/recorded, and how to respond to requests for accountings)
  • Model policy and procedure regarding minors and their access to protected health information
  • Model policy and procedure regarding maintenance of employee health records
  • Decision tree for analyzing the status and obligations of an employer sponsored group health plan under the privacy regulations
  • Memorandum with guidance regarding preparation and submission of a compliance extension plan pursuant to the Administrative Simplification Compliance Act

Additionally, a guide will be provided that will briefly summarize the documents, and that will define all relevant terms used in the documents.

Members: $800.00 Non-Members: $1,000.00

GUIDES TO PREPARING POLICIES AND PROCEDURES FOR MENTAL HEALTH, HIV, AND SUBSTANCE ABUSE PROGRAMS:

  • Guide to preparing policies and procedures regarding privacy of mental health records
  • Guide to preparing policies and procedures regarding privacy of HIV/AIDS records
  • Guide to preparing policies and procedures regarding privacy of alcohol and substance abuse treatment records

These three Guides give specific information on how to amend existing policies so that they are HIPAA compliant. It is organized to explain the current requirements as they stand alone under New York Law, and the requirements as they stand alone under HIPAA. It then explains what changes should be made so that the policy is in compliance with whichever law prevailed in that area, i.e., New York law, HIPAA, or parts of both. Caveat: Some of the proposed changes reference the Policies and Procedures Manual described above.

Members: $600.00 Non-Members: $750.00

ALL THREE PRODUCTS:

Includes all three products above, as well as a chart that serves as a roadmap through the materials. The roadmap tells you, in a step-by-step fashion, what to do first, second, third, etc. until you are HIPAA compliant. The chart represents an aggressive timetable – 6 weeks – but can be stretched out to accommodate agencies that do not have the resources to bring a project as large as this one to completion in 6 weeks. An agency that has done some preparation for HIPAA but not all, can start at any point in the chart.

Members: $2,000.00 Non-Members: $2,500.00

All the documents take into account and conform to the requirements of New York State law to the extent not pre-empted by the HIPAA Privacy Regulations, as well as the HIPAA Privacy Regulations, and, as applicable to Privacy, the HIPAA Electronic Transactions and Code Sets Regulations and proposed HIPAA Security Regulations that existed on April 14, 2003. These products do not comprehensively address Electronic Transactions and Code Sets Regulations or the recently adopted Security Regulations. These products comprehensively address the HIPAA Privacy Regulations.

All products are delivered in printed form, organized into a binder with a table of contents, and in electronic form (on disk or CD-Rom). A License and Non-Disclosure Agreement form will be included.

The CD-ROM can be altered to add agency specific material.

Contact: Tina Tortora, 632 Plank Road Suite 110 Clifton Park, NY 12065 (518) 688-1682 ext. 23, FAX: (518) 688-1682 E-mail tina@aclnys.org.
632 Plank Road • Suite 110 • Clifton Park, NY 12065 • Phone: 518.688.1682 • Fax: 518.688.1686 • info@aclnys.org