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Ebook PDF Guide To Clinical Documentation 2Nd Edition Full Chapter
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Guide to
Clinical Documentation
Second Edition
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Guide to
Clinical Documentation
Second Edition
F. A. Davis Company
1915 Arch Street
Philadelphia, PA 19103
www.fadavis.com
Copyright © 2012 by F. A. Davis Company. All rights reserved. This product is protected by copyright. No part of it may be repro-
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Dedication
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Reviewers
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viii | Reviewers
Acknowledgments
From the very beginning stages of the first edition I’m also greatful to Sheila Carvalho for lending fresh
through every page of the second, I’ve had the unwa- eyes to the proofreading process. I’m indebted to
vering support of my husband, Greg. Not only did he Meritza Santamaria-Hoffman, RN, JD, not only for
take on dish duty, grocery shopping, and other mis- reviewing sections of the text, but for being a tremen-
cellaneous chores, but he has also pitched in as proof- dous encourager and fantastic boss, and for introduc-
reader, cheerleader, advisor, and sounding board. ing me to the world of risk management. These
I’ve spent many years in my life being a student. strong and capable women have blessed me beyond
From nursing school, to PA school, and through my measure
master’s and doctorate programs, I have been fortu- There are so many people at F. A. Davis who were
nate to learn from some of the best. So, I take this a part of this project. First and foremost, thanks to
opportunity to say a heartfelt thanks to them, and to Andy McPhee, for having a vision and helping to
teachers everywhere, for the amazing work they do. make it reality. I appreciate Nancy Hoffman and her
I’ve also known and worked with so many bright, car- work as developmental editor, and all the help and
ing, and truly gifted medical professionals over the guidance along the way to keep things moving
years and several careers. They deserve far more thanks forward. I extend my gratitude to George Lang,
than I can express here. There are too many to ment- Manager of Content Development at F. A. Davis,
ion by name, but I must acknowledge Kristin Neal, for his work on the manuscript, and to Sharon Lee,
MPH, PA-C and Lynnette Mattingly, MHPE, PA-C Production Manager. This is truly a team effort!
for their work as contributing authors, their years
—DEBBIE SULLIVAN
of friendship, and the laughter of girls night out!
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Contents
Introduction xiii
Chapter 1 Medicolegal Principles of Documentation 1
Chapter 2 The Comprehensive History and Physical Examination 19
Chapter 3 Adult Preventive Care Visits 37
Chapter 4 Pediatric Preventive Care Visits 65
Chapter 5 SOAP Notes 91
Chapter 6 Outpatient Charting and Communications 119
Chapter 7 Admitting a Patient to the Hospital 143
Chapter 8 Documenting Daily Rounds and Other Events 173
Chapter 9 Discharging Patients from the Hospital 189
Chapter 10 Prescription Writing and Electronic Prescribing 207
Appendix A Adult Preventive Care Timeline 225
Appendix B A Guide to Sexual History Taking 227
Appendix C Suggestions for Dictating Medical Records 231
Appendix D ISMP’s List of Error-Prone Abbreviations, Symbols,
and Dose Designations 233
Appendix E Worksheet Answer Key 237
Appendix F Physician Assistant Prescribing Authority by State 273
Appendix G Nurse Practitioner Prescribing Authority by State 275
Bibliography 277
Index 283
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Introduction
I was honored when Andy McPhee of F. A. Davis 20 visits. Clearly, these charts were only intended
approached me about writing a second edition of this for the physicians as a way to refresh their memory
book. I have always known that good documentation of what happened from one visit to the next.
is important; however, over the past few years, I have For example, the documentation for one visit read
developed an even greater appreciation for it. My simply, “1/20/67: pharyngitis » penicillin.”
renewed sense of the importance of documenting These days chart notes are primarily not for
clinical encounters is related to my work as a nurse the physician or patient, but for all the others
consultant within the Risk Management Department who aren’t in the exam room and yet feel they
of a large health-care system. I have had the opportu- have a stake in what takes place in this once con-
nity to read hundreds of charting entries. I’ve seen fidential arena. To satisfy coders and insurers, my
really good documentation and extremely poor documentation for a 99213 sore throat visit must
documentation. I have a working theory that if contain one to three elements of the history of
there are any problems associated with a health-care present illness, a pertinent review of systems, six
encounter, the documentation about that encounter to eleven elements of the physical exam, and
either will make those problems appear less signifi- low-complexity medical decision-making. My
cant or, as seems more often the case, will magnify the malpractice carrier and my future defense attor-
problems because of the lack of good documentation. ney would also like me to explain my clinical
Documentation used to be mostly a memory aid rationale for why the patient has strep throat and
for the provider—a quick note of his or her thoughts not a retropharyngeal abscess or meningitis.
about a patient’s presentation, a likely diagnosis, A table with a McIsaac score calculating the like-
maybe a few words about the treatment plan. Over lihood that this patient does indeed have strep
the past few decades, however, documentation has throat might be nice as well. If I prescribe a weak
become a more complex task. This is due, in part, to narcotic for a really nasty case of strep, the state
the ever-increasing number of medications and treat- medical board would be pleased if I addressed
ment modalities available to health-care providers. what other medication has been tried and
Another reason is that patients live longer with a whether the patient has any history of addiction.
greater number of comorbid conditions, adding to the I’ll also need to document that I explained the
complexity of caring for them and reflecting that proper use of any medications and the need
complexity when authoring a medical record. The for follow up if the patient doesn’t get better.
fact that our society is so litigious certainly adds more When I’m finally done with my note, it looks
weight to clinical documentation and puts a greater like this:
burden on the providers to capture their thoughts and CC: Sore throat x 2d
actions for others to read and interpret years after the HPI: 17 y/o F with 2d h/o sore throat. Has an
event. associated headache and fever to 101°. No significant
Dr. Mitchell Cohen wrote about this evolution of cough. Patient has noticed some swollen lumps in
documentation in an article that appeared in Family neck. Having significant pain despite use of Tylenol,
Practice Management.* Dr. Cohen explains: ibuprofen and salt water gargles.
Social history: No history of substance abuse or
From time to time I’ll stumble upon an old chart
addiction.
in my office that goes back 40 years. My predeces-
ROS: Denies neck stiffness or back pain, no rash.
sors charted office visits on sheets of lined manila
No difficulty speaking.
card stock, which would suffice for at least 15 to
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xiv | Introduction
PE: VS: AF, VSS. Have discussed other potential diagnoses and re-
Gen: Alert, pleasant female in NAD. viewed warning signs of retropharyngeal abscess and
HEENT: NC/AT, PERRLA, EOMI, TM clear b/l, meningitis. Patient agrees and understands plan.
OP notable for tonsillar enlargement with exudates. Like I said, “pharyngitis » penicillin.”
No asymmetry or uvular deviation present. (*Used with permission of the American
Neck: + tender anterior cervical adenopathy, no Academy of Family Physicians)
nuchal rigidity or meningismus.
You may be feeling overwhelmed or a little intim-
CV: RRR S1/S2 without murmurs.
idated by documentation at this point. Trust me,
C/L: CTAB.
you’re not alone and not without help. The goal of
Abd: Soft, nondistended, nontender, no
this book is to give you a good foundation on which
hepatosplenomegaly.
to build your skills. You will develop your own style of
McIsaac’s score = 4; Rapid strep: +
documentation as you learn more and more about
A: Streptococcal pharyngitis
medicine, about patients, and about the importance
P: 1. PenVK 500mg PO TID x 10 days. Discussed
of communicating through the medical record. This
risks of medication including allergic reaction and
book should be considered a “guide,” not a mandate.
complications of not taking full course of antibiotics
It is a basic road map to help you start on your journey.
including rheumatic fever and valvular heart disease.
I hope you enjoy it along the way.
2. Hydrocodone elixir QHS to help relieve pain par-
ticularly when trying to rest. Has already tried aceta- Debbie Sullivan
minophen and NSAID and will continue salt water Phoenix, Arizona
gargles. Follow up if no improvement in one week.
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Chapter 1
Medicolegal Principles
of Documentation
OBJECTIVES
• Discuss medical and legal considerations of documentation.
• Identify groups of people who may access medical records.
• Identify general principles of documentation.
• Discuss medical billing and coding.
• Identify benefits of using electronic medical records.
• Identify challenges and barriers to using electronic medical records.
• Define the terms electronic medical records, meaningful use, and interoperability.
• Identify components of the Health Insurance Portability and Accountability Act.
• Discuss principles of confidentiality.
military time is often used to avoid confusion maintains the CPT code set used for insurance
between a.m. and p.m. One o’clock in the afternoon billing and other reporting requirements. CPT is a
is 1300, 10:30 at night is 2230, and so forth. A listing of descriptive terms and identifying codes for
patient’s record should never be charted in advance reporting medical services and procedures and is the
of seeing the patient. A patient’s medical record may uniform language for claims processing, medical care
be amended, but should never be altered. At times, it review, medical education, and research.
will be necessary to make corrections to a record.
When making a correction, you should draw a single Evaluation and Management Services
line through the text that is erroneous, initial and When a patient presents for care, a provider evaluates
date the entry, and label it as an error. If there is the patient and then proceeds to manage the present-
room, you may enter the correct text in the same area ing complaint. The encounter between patient and
of the note. You should not write in the margins of a health-care provider may vary from brief to compre-
page; if there is no room to enter the correct text, use hensive depending on the patient’s chief complaint.
an addendum to record the information. You should For example, the time required for evaluation of a
never obliterate an original note, nor should you use child who presents with a sore throat is typically brief,
correction fluid or tape. When using a ruled sheet and the management options are fairly straightfor-
such as an order sheet or progress note, there should ward. Conversely, more time is required for evaluating
not be any blank lines. If a record is dictated and an elderly person who has several chronic conditions
then transcribed, the author should read the tran- and a new complaint of chest pain, and the medical
scription before signing, correcting any errors in the decision-making and management process is more
process. You should not stamp a record “signed but complex.
not read”—doing so will call attention to the fact CPT codes assigned for E/M services are deter-
that you did not verify the content of the record. mined by several factors. One factor is whether the
We assume that you already have some knowledge patient is new, established, or seen for consultation
of commonly used medical abbreviations; therefore, services, and another is the type of facility where care
we have used abbreviations throughout the book and is provided. Level of service is another factor and is
have incorporated them into the chapter worksheets. determined by three key elements: history, physical
We offer one caution about using abbreviations: examination, and medical decision making. Factors
always be clear about your intended meaning. For that modify the level of service are time spent on
example, if you use the abbreviation “CP,” one person counseling and coordination of care, the nature of the
could read that as “chest pain” and another as “cere- presenting problem, and time spent face to face with
bral palsy.” Of course, the rest of the entry should the patient, family, or both. The complexity of med-
make clear which term the abbreviation is being used ical decision making takes into account the present-
for. Some hospitals and other health-care entities ing complaint, coexisting medical problems, amount
have a published list of abbreviations that should not of data to be reviewed (i.e., tests and old records),
be used at all. The health-care provider is responsible amount of time spent with the patient, number of
for complying with the institution’s policies regarding diagnoses and treatment options, and risk for signifi-
use of abbreviations. cant complications. Table 1-1 provides examples of
CPT coding for a new outpatient visit.
Table 1-1 Examples of Current Procedural Terminology Coding for a New Patient Visit
99201—Usually the presenting problems are self-limited or minor, and the physician typically spends 10 minutes face
to face with the patient, family, or both. E/M requires the following three key components:
• Problem-focused history
• Problem-focused examination
• Straightforward medical decision making
99202—Usually the presenting problems are of low to moderate severity, and the physician typically spends 20 minutes
face to face with the patient, family, or both. E/M requires the following three key components:
• Expanded problem-focused history
• Expanded problem-focused examination
• Straightforward medical decision making
99203—Usually the presenting problems are of moderate severity, and the physician typically spends 30 minutes face
to face with the patient, family, or both. E/M requires the following three key components:
• Detailed history
• Detailed examination
• Medical decision making of low complexity
99204—Usually the presenting problems are of moderate to high severity, and the physician typically spends 45 minutes
face to face with the patient, family, or both. E/M requires the following three key components:
• Comprehensive history
• Comprehensive examination
• Medical decision making of moderate complexity
99205—Usually the presenting problems are of moderate to high severity, and the physician typically spends 60 minutes
face to face with the patient, family, or both. E/M requires the following three key components:
• Comprehensive history
• Comprehensive examination
• Medical decision making of high complexity
example, 401 is the code for essential hypertension, (e.g., V70.0, routine adult health checkup). “E”
and 530.81 is the code for gastroesophageal reflux. codes are used to identify causes of external injury
To improve disease tracking and speed transition and poisoning (e.g., E970, gunshot wound). The
to an electronic health-care environment, the first three digits of a code indicate the disease cate-
HHS proposed that the ICD-9 code set be replaced gory (e.g., codes 290 to 319 are used for mental dis-
by an expanded ICD-10 (10th revision) that orders). The fourth and fifth digits provide greater
is alphanumerically based. ICD-9 contains only detail. For example, the code for acute myocardial
17,000 codes, whereas the ICD-10 code sets have infarction (AMI) is 410. If the AMI involved the
more than 155,000 codes along with the capacity posterolateral wall, the code would be 410.5, indi-
to accommodate new diagnoses and procedures, cating the location of the infarct. A fifth digit “1” is
expand descriptions of some diagnoses, and allow used to specify initial treatment (410.51), such as in
more detailed tracking of mortality and morbidity. the emergency department, whereas a “2” indicates
Although the ICD-10 codes are now available for all subsequent treatment (410.52) within 8 weeks of
public viewing, they are not currently valid for any the AMI.
purpose or use. The effective implementation date is Although it is common for health-care providers
October 1, 2013. After this date, ICD-10 codes to do their own coding, they may have others carry
must be used on all Health Insurance Portability out the coding and billing functions, such as an office
and Accountability Act (HIPAA) transactions; manager or an outside service. The documentation
otherwise, the claims may be rejected or cause delay must be as accurate and detailed as the CPT code
in reimbursements. assigned. Downcoding is the process by which an
An appropriate code is assigned to identify the insurance company reduces the value of a procedure
diagnosis, symptom, condition, problem, complaint, or encounter and resulting reimbursement because
or other reason for the encounter. ICD-9 codes are either (1) there is a mismatch of CPT code and
numbered 001.0 to V84.8 and consist of three, four, description, or (2) the ICD-9 code does not justify
or five digits. “V” codes are used to identify encoun- the procedure or level of service. The medical record
ters for reasons other than illness or injury, such must include documentation that supports the assess-
as immunizations and preventive health services ment. The quality and accuracy of the medical record
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are vital to the reimbursement process, which in turn 6. Code coexisting conditions that may have an
is vital to the delivery of health care. influence on the outcome.
• In example 3, depression is a coexisting condi-
MEDICOLEGAL ALERT ! tion that may alter a patient’s perception of
abdominal pain. The patient may take antide-
Although getting paid is a very important issue for pressant medication, which could cause the
physicians’ offices, they should never code for reim- pain. Coding both the chronic condition (DM)
bursement purposes only. This can be construed as and coexisting condition (depression) demon-
fraud. Remember, your documentation must support strates the higher level of care needed to
the diagnoses reported. manage the patient.
7. Do not use “rule out...” as a diagnosis.
Good documentation is absolutely essential to • There is no code for this. Instead, use a
support the level of E/M services and facilitate diagnosis, symptom, condition, or problem.
assignment of correct CPT and ICD codes. The You may use “rule out” when documenting the
following are some key concepts showing the interre- assessment to guide you in your plan of care,
latedness of documentation and codes and an illustra- although it is not necessary.
tive example of each concept: 8. Signs and symptoms that are routinely associat-
ed with a disease process should not be coded
1. Any tests ordered must correlate with an ICD
separately.
code assigned to the visit.
• An upper respiratory infection (URI) is
• If a urine pregnancy test is performed in the
typically associated with pharyngitis, rhinitis,
office, a reason for obtaining that test must
and cough. The latter should not be coded if
be associated with a diagnosis such as amen-
URI (465) is used.
orrhea (626.0), menometrorrhagia (626.2), or
9. When the same condition is described as both
abdominal pain (789.9).
acute and chronic, code both and use the acute
2. Assign an ICD code that reflects the most
code first.
specific diagnosis that is known at the time.
• A patient may have chronic sinusitis (473.9)
• The patient’s diagnosis is gastroenteritis
with an acute exacerbation (461.9).
(558.9). If it is reasonably certain that it is
viral, use the code for viral gastroenteritis, Nomenclature for Diagnoses
008.8. Suppose that the patient’s original Diagnostic terminology can be broad or specific. It
complaint was diarrhea (787.91). The result is preferable to be as descriptive as the data allow.
of a stool culture is positive for shigella. In general, you should use the medical term for a
When the patient returns for a follow-up diagnosis, symptom, condition, or problem rather
visit, the diagnosis would then be enteritis, than lay terminology. Instead of “runny nose,” you
shigella (004.9). should use “rhinorrhea.” This does not work in
3. The primary code should reflect the patient’s
every situation. There is no medical term for “chest
chief complaint or the reason for the encounter. pain” when used as a diagnosis, unless you
• Example: the patient’s diagnoses for an office know what is causing the chest pain. Consider the
visit are abdominal pain, depression, and following examples:
diabetes mellitus (DM). The patient presented
with abdominal pain. The primary code would EXAMPLE 1.1
be abdominal pain (789.0).
4. Secondary codes are listed after the primary Broad Specific
code and expand on the primary code or define Neck pain Acute cer vical sprain
the need for a higher level of service. Upper respirator y infection Sinusitis
• Example: the patient with abdominal pain is Chest pain Myocardial infarction
late for her menses. A secondary code would Cough Pneumonia
be amenorrhea (626.0). Ar thralgia Osteoar thritis
5. Code a chronic condition as often as applicable
to the patient’s condition.
EXAMPLE 1.2
• Using example 3, DM is a chronic condition
that may pertain to the abdominal pain. Lay Term Medical Term
Listing it in the assessment portion of your Joint pain Ar thralgia
notes points out this fact. Difficulty swallowing Dysphagia
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more quickly to federal, state, and private reporting Without interoperability, fundamental data and
requirements, including those that support patient information, such as patient records, cannot easily
safety and epidemiological and disease surveillance. be shared across and sometimes within enterprises.
Such data could be readily analyzed for medical There are significant barriers to achieving interop-
audit, research, and quality assurance and could erability. There is no standard technical language
provide support for continuing medical education. shared between systems; hence, there is little or no
Electronic prescribing, or e-prescribing, is a spe- integration with other applications, nor is there the
cialized function within a computerized medical ability of different systems to communicate in a
record system. Specific legislation and regulations meaningful way with one another. Information
exist that dictate the use of electronic prescribing. technologies were not initially designed with inter-
This is discussed in detail in Chapter 10. operability in mind, so structures are rarely in place
to support it. Currently used data storage systems
Barriers to Electronic Medical Records are often proprietary, and access to these systems is
Many perceived barriers have hampered widespread difficult. Implementation of interoperable health
implementation of EMRs. Although numerous stud- information systems may require a high degree of
ies have shown that most health-care providers technical expertise not readily available to individual
believe that use of EMRs will improve quality of providers or smaller health-care organizations.
care, reduce errors, improve quality of practice, and Standards of interoperability are only just being
increase practice productivity, there is resistance to developed—after many health information technol-
adopting EMRs. A number of factors contribute to ogy systems have already been installed and imple-
this, including well-publicized EMR failures; limited mented. Meeting standards of operability will be an
computer literacy on the part of providers; concerns important criterion for the certification of EMR
over productivity, patient satisfaction, and unreliable systems that are being developed at this time.
technology; and the absence of reputable research
substantiating the benefits of EMR. Market and eco- Meaningful Use
nomic factors are a concern. Apart from the costs of In February 2009, President Obama signed into law the
hardware and software, there is a tremendous cost in American Recovery and Reinvestment Act (ARRA) of
staff time and revenue when switching from paper to 2009, which includes more than $48 billion for health-
electronic charts. Ethical and legal issues abound with care information technology for the adoption and
concerns about safety and security of systems and the effective use of EMR and for regional health informa-
ability to protect and keep private confidential health tion exchange. The Health Information Technology
information. There is even disagreement over who portion of ARRA contains information related to the
“owns” the data entered into any system, as well as Health Information Technology for Economic and
debate about accessibility to the data. Technical mat- Clinical Health Act (HITECH); the HITECH Act
ters, such as functionality, ease of use, and customer offers financial incentives for health-care providers and
support from vendors are other barriers. It is challeng- hospitals that comply with the standards of “meaning-
ing enough to find an EMR system that works for a ful use.” Full definition and requirements for certifica-
single-provider ambulatory care–based practice; it is tion and reporting were ongoing at the time this text
another challenge altogether to find a system that will was published; however, information in the HITECH
work for large institutions and serve the needs of act suggests that systems will have to meet at least four
diverse departments. criteria: (1) certification, (2) electronic prescribing,
(3) quality reporting, and (4) exchange of information
Interoperability with other systems.
Perhaps the biggest barrier to widespread adoption
of EMR is lack of interoperability. A basic defini-
tion for interoperability is the ability of two or more
systems or their components to exchange informa-
Health Insurance Portability
tion and to use the information that has been and Accountability Act
exchanged. As it relates specifically to EMRs, the
Healthcare Information and Management Systems Confidentiality of medical records has always been a
Society (HIMSS) defines interoperability as “the concern for health-care providers. Regardless of the
ability of health information systems to work medium of storage, confidentiality of data contained
together within and across organizational bound- in the records will continue to be of utmost impor-
aries in order to advance the effective delivery tance. With the emphasis on interoperability and the
of health care for individuals and communities.” criteria that define how EMR systems must be able to
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exchange confidential medical information securely, a insured, the insured person moves outside the
discussion of HIPAA (or the Act) is warranted. service area of a network plan, or membership in an
Enacted by Congress in 1996 to address a number association is ended if the insurance is only available
of issues affecting national health care, HIPAA is to members of that association. If the insurance com-
a large and complex law continually subject to pany stops selling the policy, it must offer the
revisions and amendments by legislative actions. insured another policy it sells in the same state. Fur-
The Act establishes standards, and timetables for ther details may be found at the CMS website page
adoption of the standards, for electronic transfers of Health Insurance Reform for Consumers at
health data, addressing growing public concern https://www.cms.gov/HealthInsReformforConsume/
about privacy and security of personal health data. 02_WhatHIPAADoesandDoesNotDo.asp.
The primary goals of the standards are (1) to combat
fraud and abuse; (2) to make health insurance more Electronic Health-Care Transactions
affordable and accessible; (3) to simplify administra- In 2009, it was estimated that about 400 different
tion of health insurance claims by requiring all enti- formats were being used to process health claims
ties to bill electronically using one format; (4) to give online. Billing and other administrative procedures
patients more control of and access to their health- were inconsistent and varied among health insurers,
care information; and (5) to protect medical records the government, and other entities. This made it diffi-
and individually identifiable medical information cult for providers, hospitals, health plans, and health-
from unauthorized use or disclosure, especially in the care clearinghouses to process claims and perform
burgeoning electronic age. other transactions electronically. In an effort to lower
costs and improve efficiency, standards were developed
Health Insurance Portability to simplify the administration of health insurance
The Health Insurance Portability provision of the claims by requiring that a common format and data
Act (Title I) improves the portability and continuity structure be used when exchanging specific transaction
of health insurance coverage for workers and their types (e.g., billing, mandatory reporting), code sets
families when they change or lose their jobs by lim- (e.g., diagnostic, procedural), and identifiers (e.g., for
iting the restrictions a group health plan can place health insurers, providers, employers) electronically.
on benefits pertaining to a preexisting condition. The standards require that the same format is used to
A preexisting condition is a condition for which transmit the following health-related information:
medical advice, diagnosis, care, or treatment was rec- claims and equivalent encounter information, claim
ommended or received within the 6 months before status, payment and remittance advice, enrollment and
the enrollment date for a new health insurance plan. disenrollment in a plan, eligibility for a plan, premium
Preexisting conditions can only be excluded from payment, referral certification and authorization,
health benefits for 12 months. A person who did not and coordination of benefits. HHS finalized these
enroll during the initial or open enrollment period is standards in 2003 and projected that their use would
considered a late enrollee, and benefits for preexist- result in a net savings to the health-care industry of
ing conditions may be excluded for 18 months. If $29.9 billion over the next 10 years.
a person had health insurance coverage before
enrolling in a new health plan, the exclusion period The Privacy Rule
may be reduced by the number of months a person Providers have an ethical and legal obligation to
was insured, as long as there were no significant safeguard patients’ privacy. Because of the require-
breaks of 63 or more days of coverage. ments of transmitting sensitive health information
Title I has additional important provisions. Preex- electronically, the Privacy Rule was written to protect
isting conditions do not apply to pregnancy or to the confidentiality of individually identifiable health
a child enrolled within 30 days of birth or adoption. information. The rule limits the use and disclosure of
Insurers are required to renew coverage to all groups certain individually identifiable health information;
regardless of the health status of any group member. gives patients the right to access their medical
Insurers may not establish any rule that discriminates records; restricts most disclosures of health informa-
based on the health status of an individual or their tion to the minimum needed for the intended
dependent, nor may they charge higher premiums purpose; and establishes safeguards and restrictions
or alter the level of benefits. For those individuals regarding the use and disclosure of records for
with their own private health insurance plan, renewa- certain public responsibilities such as public health,
bility is guaranteed. Coverage cannot be terminated research, and law enforcement. Under the rule,
unless the premiums are not paid, fraud is committed improper uses or disclosures may be subject to crim-
against an insurer, the policy is terminated by the inal or civil sanctions prescribed in HIPAA. Federal
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HIPAA regulations do not preempt any state laws electronic mail, or facsimile, as long as “reasonable and
that are stronger or more protective of consumers’ appropriate safeguards” are used to protect the infor-
security and privacy. mation. Payment includes activities relating to finan-
cial aspects of health care. PHI can be used for billing
Protected Health Information and and claim processing to obtain reimbursement and for
Covered Entities utilization review. Health-care operations include a
Protected health information (PHI) relates to the wide range of administrative and management activi-
past, present, or future physical or mental health or ties in which CEs engage. These include case man-
condition of an individual; the provision of health agement and patient care, risk management, legal
care to an individual; past, present, or future pay- services, credentialing, quality assessments and out-
ment for the provision of health care to an indivi- comes development, guidelines and protocol develop-
dual; and information that identifies or could rea- ment, and training students. Sensitive PHI includes
sonably be used to identify a protected individual. information about certain conditions or their associat-
This information may be oral, electronic, paper, or ed treatment, such as human immunodeficiency virus
any other form. Individually identifiable health in- (HIV) status, substance abuse, or mental health
formation includes such data as name, Social Secu- conditions. Use of PHI refers to internal use by the
rity number, patient identification number (such as CE; disclosure refers to sharing of PHI for external
a medical record number), address, demographic purposes. Sensitive PHI may not be disclosed without
data, or any other information that could reasonably a patient’s written authorization, except in certain
allow a person to be identified. circumstances, such as to a consultant who needs this
The Privacy Rule applies only to covered entities information to assist in the patient’s health care.
(CEs) who transmit medical information electron-
ically. There are three categories of CEs: (1) health- Consent Versus Authorization
care providers, such as doctors, clinics, psycholo- Consent must be obtained from the patient at the
gists, dentists, chiropractors, nursing homes, and first visit, before any services are provided. Patients
pharmacies; (2) health plans, including health must sign a consent form stating that they have
maintenance organizations (HMOs), health insur- been notified of the practice’s privacy policy, which
ance companies, and government programs that pay explains that the practice may use and disclose PHI
for health care, such as Medicare, Medicaid, and for treatment, payment, and health-care operations.
the military and veterans’ health-care programs; Consent only needs to be obtained once and is valid
and (3) clearinghouses that electronically transmit until revoked by the patient in writing. In an emer-
medical information, such as billing, claims, enroll- gency situation, treatment may be rendered without
ment, or eligibility verification. consent, but consent should be obtained as soon as
possible afterward.
Use and Disclosure of Protected Health For all other uses and disclosures, unless required
Information by law, specific authorization must be obtained from
HIPAA has very prescriptive language for the use and the patient detailing what PHI may be disclosed, to
disclosure of PHI. A CE may use or disclose whom it may be disclosed, and an expiration date. An
PHI without patient authorization for purposes of authorization is needed to release PHI to life insur-
treatment, payment, or its health-care operations. ance companies and patients’ legal counsel. A CE
This includes disclosures to its agents or to another may not give or sell patients’ names for commercial or
CE, such as another health-care provider. Agents are marketing purposes. For example, a CE may not give
business associates who perform a function for the or sell names of allergy sufferers to pharmaceutical
CE, such as dictation, legal services, billing, and ac- companies that market allergy products.
counting, and are not subject to the Privacy Rule.
When a CE discloses PHI to a business associate, Individual Rights
there must be an agreement that the PHI will be Patients have the right to review and obtain a copy of
handled according to federal and state privacy laws. their medical records, except in certain circumstances.
Additionally, a CE may disclose PHI as required by Exceptions to the rule are psychotherapy notes, infor-
law, such as reporting child abuse to state child welfare mation compiled for lawsuits, and information that,
agencies. Treatment covers a wide array of patient- in the opinion of the health-care provider, may cause
related activities, including providing health care, co- harm to the individual or another. A reasonable, cost-
ordinating services, referring patients, and consulting based fee may be charged to cover copying and
among providers. Communication between CEs may postage expenses. If a medical summary of the record
take place using any method, including oral, written, is requested, the fee should be agreed on beforehand.
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I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.