Update
The Federal Trade Commission (FTC) has agreed to temporarily exempt physicians from the “Red Flags” Rule (Rule), pending the outcome of an ongoing court case. The Rule requires creditors and financial institutions with "covered accounts" to implement written programs to help detect and respond to practices and activities that could indicate identity theft by December 31, 2010. The FTC identified December 31, 2010 as the starting date for enforcement after several previously announced delays. The American Medical Association, American Osteopathic Association and Medical Society of the District of Columbia in May filed a federal lawsuit seeking to prevent the FTC from extending the Rule to physicians. Last November, the U.S. District Court for the District of Columbia ruled that the FTC may not apply the Rule to attorneys, but the FTC has appealed that decision. Until the court reaches a decision in the case, the FTC has agreed not to enforce the Rule for physicians. The agreement is pending the approval of the D.C. Circuit Court of Appeals.
In the event that the Rule is applied to physicians upon a decision by the D.C. Circuit Court of Appeals, First Professionals has developed a packet of materials to help clarify the Rule pertaining to patient identity theft protection standards. The packet contains an overview of the new Rule, risk management guidelines, and website references. It also contains several forms and templates to assist with compliance measures. Due to the relative depth of the Rule, First Professionals suggests that you establish a reference manual for your office, ideally as an addendum to current HIPAA reference material.
Red Flags Rule Compliance Measures
Sample Forms:
Frequently Asked Questions
This packet, along with any other additional material you obtain, will be a vital resource in implementing protection against patient identity theft and compliance with the Rule.
If you have any questions about this material or require additional copies, contact our Risk Management Department at (800) 741-3742, ext. 3016 or send an e-mail to rm@fpic.com.
NOTE: First Professionals provides Red Flags Rule guidance as a benefit to its policyholders for educational and informational purposes only. Any representations or written reports rendered in conjunction with this benefit should not be considered a certification of Red Flags Rule compliance nor should it be interpreted as offering legal, financial, or other professional services. Policyholders that are developing policies and procedures to comply with the Red Flags Rule should seek legal and/or professional assistance to be sure that an appropriate compliance plan is implemented for their particular practice.