Jim,

I haven't seen the signed Business Associate Agreement (BAA) (which
may one of the AG's exhibits) which is considered a contract.  If it
contains the standard clauses required by HHS
(http://1.usa.gov/1iifjv5).the answer to your question is no.  Most
BBAs I have reviewed include clear requirements for not only how PHI
records are managed and accessed but also how they are to be
destroyed.  I am guessing, in this case, throwing medical records into
a recycling bin or dumpster would be verboten.

Sometimes a carrot is all you need to convince an organization to
follow the law, sometimes it takes a 2' x 4' across the forehead...

Bruce White, CRM, PMP
Radnor, PA
e-mail: [log in to unmask]
LinkedIn:  http://www.linkedin.com/in/bblanco

"Life is like riding a bicycle. To keep your
balance you must keep moving." -- Albert Einstein


On Thu, May 14, 2015 at 2:07 PM, Jim Booth <[log in to unmask]> wrote:
> I respond to David's point with a question. Is it possible that the proprietor of this business could claim ignorance of the law as an excuse? As long as the answer to that question can be "yes" then the work of the government, industries and associations is not complete on this issue. Will we need to eventually ask all garbage services to put legal notice stickers on trash cans and dumpsters regarding proper disposal of confidential information? Who knows? I place that in the category of other product liability disclaimers and legal information blurbs that tell you how to use your shampoo bottle or warn that ammonia is poison with a skull and crossbones symbol. There is no sticker on your microwave that says don't insert your cat. People are supposed to know better than that. Unfortunately some probably don't.

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