If you ask for money for your lactation consulting services, or you receive 
money for your lactation consulting services, you have engaged in a "covered 
transaction,"  putting you under the definition of a "covered entity," 
putting you under HIPAA.  IThat is why LLL Leaders are exempt.  I am quoting 
from the*actual regulation* here (see 45 CFR Section 160.103, Definitions):

Covered entity means:

(1) A health plan.

(2) A health care clearinghouse.

(3) A health care provider who transmits any health information in 
electronic form in connection with a transaction covered by this subchapter.

and


Transaction means the transmission of information between two parties to 
carry out financial or administrative activities related to health care. It 
includes the following types of information transmissions:

(1) Health care claims or equivalent encounter information.

(2) Health care payment and remittance advice.

(3) Coordination of benefits.

(4) Health care claim status.

(5) Enrollment and disenrollment in a health plan.

(6) Eligibility for a health plan.

(7) Health plan premium payments.

(8) Referral certification and authorization.

(9) First report of injury.

(10) Health claims attachments.

(11) Other transactions that the Secretary may prescribe by regulation.

Back to Liz now.  Forget that loophole you think you have about "electronic" 
submissions.  The definition for "transaction" involves the broader 
"transmission of information ..."  including health care payments.

And so I repeat:  If you ask for money for your lactation consulting 
services, or you receive money for your lactation consulting services, you 
have engaged in a "covered transaction,"  putting you under the definition 
of a "covered entity," putting you under HIPAA.




Liz Brooks, JD, IBCLC
Wyndmoor, PA, USA

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