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HIPAA Tip: Hospital Staff Training
Requirements [Posted 05/14/03]
Physicians who have privileges at several
hospitals complain that they are being required to complete the same HIPAA
training at each hospital. The privacy rule is somewhat ambiguous as to the
relationship between medical staff members and their hospitals. While HIPAA does
require a hospital to train its "workforce" on the privacy rule, CMA legal
counsel does not believe staff members generally should be
considered members of the hospital's workforce. Some hospitals, however,
are being cautious and requiring physicians to complete HIPAA training.
Physicians who have already received HIPAA training may wish to notify their
hospitals of the training they have received, confirm that they have read the
hospital’s "Notice of Privacy Practices," and request that the hospital accept
this training in lieu of any additional training. Although hospitals are not
required to waive their HIPAA training requirements, CMA legal counsel does not
believe that hospitals have a legal obligation to require anything more from
physicians who provide such documentation.
Physicians who have not completed any HIPAA training, and wish to do so, can
request that their hospital sponsor HIPAA training for the medical staff. For
information on how to schedule a CMA-sponsored HIPAA training seminar at your
hospital, click here.
Participants can earn CME credit.
Contact: Steve Fleisher, 415/882-5159 or steven@fleisherlaw.com.
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