Tuesday, April 08, 2008

A businessman without an M.D. working in the business of medicine just wont get HIPAA, why should he?

There are times when all the business expertise in the world won’t help you get past understanding the world of medicine and doctors mentalities, concerns, neuroses and motivators..
I have been saying this for years…ever since starting PassportMD in 2004, I have had to wear two hats..one as a physician and one as a businessman…The physician in me understands HIPAA from the “get go” and runs the business in the manner consistent with a medical practice, whereas most businessman that enter the business of medicine just don’t get it…and, understandably, the lay public struggle with this as well..
It has always been my contention and position to underscore the importance of protecting individual medical data through a company like PassportMD even though the type of business we are in is technically not under HIPAA’s current authority.
It is my feeling that one should practice to the “fullest intent” of the law , and even though HIPAA did not see the burgeoning industry of personal health records..it’s intent has always remained constant, and thus, we, at PassportMD, have always followed HIPAA guidelines despite it not being mandated.
PassportMD is not alone. We practice to the fullest intent of the HIPAA mandate and so do many others..however, there are those that find this loop hole , and hide under it…Well, eventually things will catch up and curious enough … An advisory committee in a recent report to Health and Human service Secretary Micheal Leavitt, recommended expanding health data protection beyond HIPAA’s current authority. This is what I have been talking about for the last 3 years to consumers, patients, our users and our partners. Granted I have the advantage of the familiarity of working within HIPAA mandate and understanding it’s logic and intent for years in the medical field. And, hence, therein lies my point..there are distinct advantages to physicians entering, running, executing a business that are clearly above those entities being run without the physician business man…The “medical advisor” is not sufficient as he or she is technically there to review the validatity of medical data, reports, content but doesn’t really have the business acumen on average that those physicians that are active in business from the business side have..Okay , off tangent slightly, but let me get back on point…
According to the report from the National Committe on Vital and Health Statistics, “NCVHS proposes that all organizations and individuals’ access to personal health data follow attributes of appropriate data stewardship”. The recommendations call for a long awaited “transformation” to enhanced protections for all users of health data by all users, independent of HIPAA covered entity status. I applaud that and although this is at least the third time that the committee has recommended expanding health data protection beyond HIPAA’s current authority, one of these times..it will stick. But, before then, at least as it relates to PassportMD, we will continue to exceed expectations and strive to provide the same HIPAA compliance that the covered entities must follow.