I apologize if I am responding midstream to the discussion regarding HIPAA, my digest is coming out of order! Perhaps this has been discussed and I haven't read it yet.....

It has been my understanding that simply providing lacation services as an IBCLC does not necessarily mean that the provider of these services is considered a 'covered entity' and subject to HIPAA regulations. HIPAA regulations apply to 'covered entities', 'healthcare clearinghouses', 'health plans' and 'government funded health plans'. The way healthcare providers transmit their transactions (electronically or no) also plays a role in determining who/what?qualifies as a covered entity or healthcare provider (see matrix?below).?

Here is a pdf that reviews the characteristics of a 'covered entity', not all providers will fall into this category. Although HIPAA does include privacy regulations, it is much more involved.

http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/CoveredEntitycharts.pdf

There are many practices required via HIPAA regulation that IBCLC's already perform as warranted by the scope and code of ethics, but just in terms of satisfying HIPAA regulations it isn't clear to me that this legislation routinely applies to all practicing IBCLC's in the states. From what I can tell I think it is even less likely that these regulations would apply to an IBCLC in private practice.

I'll wait to see what else you?all have to share about this...

Michelle H. Kinne ICCE CD(DONA) CLE
www.DoulaDiva.org?



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