Comments about HIPAA

Aug. 24, 2009
Olivia Wann, RDA, BS, an author for RDH eVillage, follows up with additional comments about an article on HIPAA, or electronic records transfer in dentistry.

Dear Ms. Wann:

In your second paragraph in your article, "What’s new with HIPAA," posted on Dentistry iQ, you stated that “Having a national system for computerized health records will improve patient care, increase patient safety, and simplify compliance in the United States. Additionally, these records will save costs, minimize errors and maximize efficiency.”

Can you please share with my readers your answers to the questions below.I wish to thank you in advance of your clarification of these statements. There are many in the profession who are waiting for your reply.

Sincerely,

D. Kellus Pruitt, DDS

How will eDRs improve care of dental patients?

According to the experts, electronic health records (EHRs) will improve care for patients through the ease of access to previous radiographs, medications prescribed, prior medical services provided, etc. The dental record would be similar, providing access to previous dental history. The EHR will promote continuity of care and help dentists and doctors work closely with other providers and health care professionals.

How will eDRs increase patient safety?

Accurate lists of medications with flags for contraindications, known drug allergies, and access to previous medical treatment and other relevant care (medical and dental) undoubtedly increases patient safety. I can remember years ago, a patient failed to tell us during his medical history update that he had had a heart attack since his last visit.

What do you mean when you say that having a national system for computerized health records will simplify compliance in the United States?

One of the issues is an Accounting of Disclosures of protected health information. Layers of security that require log-ins will detail who is accessing the record and for what purpose. For example, hospital settings have more sophisticated software to require providers to log on to the network and indicate why they are accessing a patient's record.

How will eDRs save costs in dentistry?

This may not appear to be a cost-saver for the private practice. However, one of the objectives of HIPAA was to prevent health care fraud and abuse. Medicare and Medicaid fraud costs millions of dollars which ultimately affects the taxpayers. Personally, I had no idea the amount of Medicare/Medicaid fraud taking place until I researched the material for a training program on the topic of dental insurance.

I like to compare a compliance issue such as HIPAA to OSHA. OSHA protects employees in the workplace. HIPAA protects patients' health information. Compliance with OSHA may result in added expenses in having to provide training and documentation as does compliance with HIPAA. Promoting job safety lowers work-related injuries and illnesses which saves worker's compensation costs. Promoting privacy and security of patient's protected health information demonstrates compliance and minimizes the risk of violations.

My concern in writing the article (July 31, 2009 RDH eVillage) is to be sure covered entities fulfill their training and policy requirements. Comparable to OSHA where the employer is responsible for the employee's violations, the covered entity is responsible for its organization's violations. Thus, having the necessary policies and procedures in place is a must particularly in light of the upcoming EHR. Furthermore, the employee has personal liability if a "knowing" violation takes place.

We can look at the EHR as a government issue as mandated by the HITECH Act. Regulatory issues are not optional and thus we can save costs through compliance and avoidance of violations. As a business owner, I would much rather manage my compliance programs successfully myself rather than having to be burdened with additional regulations due to a lack of compliance. It is quite challenging to meet the demands of compliance, and I am sure it will be equally challenging to transition into the EHR.

Obviously with the EHRs, privacy and security of data is a real concern. Granted, we are all consumers of health care. The question has been raised: How do we prevent the dentist or hygienist from accessing records of the OB/GYN? These are valid concerns for privacy. Obviously, special features and layers of control should be incorporated into the software.

It may have been a difficult jump for some dental offices to go from paper records to electronic and yet now we can hardly imagine using the old peg board system which was labor-intensive. Technology is costly, perhaps painful and yet it promotes progress.

How will eDRs minimize errors in dentistry?

Comparable to the medical profession, drug alerts and access to an accurate medical history will minimize errors.

How will eDRs maximize efficiency?

A national electronic medical record promotes ease of access rather than having to wait for hard copies once a Records Transfer request has been made. A patient could reside on the East Coast and easily continue healthcare on the West Coast.

Olivia Wann, RDA, BS, joined the dental profession in 1985. She attended Tennessee Technology Center as a RDA and graduated from St. Joseph’s College with a BS in Health Care Administration. Currently, Olivia is a second year law student at the Nashville School of Law. Olivia founded Modern Practice Solutions in the year 2000 providing in-office training, consulting and national seminars on compliance topics. Please visit www.modernpracticesol.com or contact Olivia at (615) 308-6695.