For those who can stand the minutiae, here is a little primer on HIPAA, and whether or not little 'ol private practioners in the USA need to comply. There are those who have argued that IBCLCs are not "covered entities" who must follow the HIPAA requirements as health care provers (HCPs). My reading of the language of the regulation, and the legislative history that went along with it, led me to conclude -- and I fought it every inch of the way -- that IBCLCs are covered. I went back to the source, and drew my own conclusions, having pored over this stuff with my (jaundiced) but well-trained eye as an attorney who practiced as a Congressional and federal regulatory lobbyist. I *know* how that regulatory language gets interpreted. The clincher for me: the "electronic transactions" that most of us little ol' PPLCers think we *aren't* engaging in includes our processing of the money received for our services (cash or check or EFT or credit card. And if you're getting paid by an insurance co. you are definitely in). NOW -- all that being said -- I also think that HIPAA was originally portrayed as some sort of boogeyman we all had to flee in horror from. Actually, anyone practicing at par level as an IBCLC is already protecting a mother's privacy in the ways contemplated by HIPAA. Furthermore, the materials we need to be handing out are not allthat complicated -- again, despite what the original purveyors of HIPAA-related documents would have us believe. FURTHER -- there are IBCLCs who still believe that HIPAA does not and should not apply to them. They aren't being contrary or short-sighted ... they are choosing to interpret HIPAA differently from me. That's what makes a horse-race. I interpreted HIPAA as I have because (a) I prefer to interpret legal requirements conservatively, and (b) I think it is incumbent upon us IBCLCs (esp. in private practice), if we are to be taken seriously as HCPs, to look and act and talk like all the other HCPs in a mother's life. They are all handing her a HIPAA form -- why not the IBCLC? We just had a lengthy thread a few weeks back about mothers and doctors who are surprised to learn that IBCLCs rightfully charge for their professional time. If I expect a mother to hand over money to me, I am going to return the favor by handing over to her copies of her: (1) consent form, (2) HIPAA NPP, (3) individualized care plan, (4) hand-outs about her situation of concern; (5) receipt for payment; (6) superbill or HCFA form for seeking reimbursement from her insurance provider for our consult and (7) my report to her MD (after I go back, write it, and fax it to the doc). -- Liz Brooks JD IBCLC Wyndmoor, PA, USA *********************************************** Archives: http://community.lsoft.com/archives/LACTNET.html To reach list owners: [log in to unmask] Mail all list management commands to: [log in to unmask] COMMANDS: 1. To temporarily stop your subscription write in the body of an email: set lactnet nomail 2. To start it again: set lactnet mail 3. To unsubscribe: unsubscribe lactnet 4. To get a comprehensive list of rules and directions: get lactnet welcome