the journal of the healthcare billing and management association 23 quick test results and care updates to assistance with scheduling and coordination of activities. it is undeniable that, in many cases, texting will be more effective and efficient than email or telephone contact. it can provide a means of interactive discussion without having to speak out loud and potentially compromise a patient’s privacy. Proper use of texting can cut costs, enhance care, and improve patient privacy. but how does texting on a portable device fit into the compliance landscape? the information should be protected to meet privacy and security requirements and avoid breaches. let’s see what the risks are. With texting, there is data resident on the sending and receiving devices and there is data being transmitted by the carrier that may also remain on the carrier’s systems. there are two clear risk issues: first, the loss or theft of a portable device holding the information in an unencrypted form, and second, access of the information while in transit or in storage at the carrier. the only way to really protect patient information is to have it encrypted. thankfully, there are now apps for most smartphone operating systems that can encrypt texting, end-to-end. the other alternative is to enact a policy that restricts the use of texting and prevents the transmission of identifiable information through the use of initials or other de-identification. such an approach does require clarity in the policy and solid training, and carries a greater risk of non-compliance through misuse, but still may be a viable alternative. understanding the risks helps you make these decisions based on your own needs and practices, which is what hiPaa security rule compliance is all about. Jim Sheldon-Dean is founder and director of compliance services at Lewis Creek Systems, LLC. Jim provides privacy and security regulatory compliance services to a variety of health care-related entities from his base in Vermont and is a frequent speaker on HIPAA compliance at national conferences. Sheldon-Dean has been involved in policy analysis and implementation, business process analysis, information systems, and software development for more than 30 years and has specialized in HIPAA compliance for over 12 years. Jim can be reached at jim@lewiscreeksystems.com or 802-425-3839. G E N E R A L S E S S I O N Negotiations: Understanding the Elements for Better Results By Joseph P. Giodillo You have found that in every negotiation you enter, the buyer uses tactics and phrases to get what they want. my partners at think! and i have studied the research (and done quite a bit ourselves), consulted all over the globe on live deals, and put in thousands of hours at the bargaining table collecting and studying verbal negotiating tactics, looking for patterns. the most compelling insight from our work has been that, despite the belief that negotiating is random, unpredictable, and cannot be planned for, the research reveals that verbal negotiating tactics follow a very predictable pattern. When you analyze the tactics that buyers use to gain advantage at the table, 97 percent of all their tactics fall into just one of two categories: • they reference an alternative to your offer. “i will buy it from your competitor,” or, “i will just stick with what i have for now….” • they leverage this perceived alternative to ask for something in return, such as a lower price, better terms, more services, etc. regardless of their exact words, the message is clear: “to me you’re all the same, and if you want my business, you’re going to have to give me something more.” by understanding what they are trying to do 97 percent of the time with their tactics, we can begin to change the dynamics of the negotiation. now that we’re wise to their tactics, it is time for a simple negotiation strategy that changes the nature of the discussion: an effective “counterpunch” for every “punch” the buyer dishes out: 1. to neutralize commoditization pressure, we’ll re-frame the discussion of the negotiation into one where it is clear that all offerings on the table are not the same by using consequences of no agreement analysis (cna). 2. to handle the never-ending price pressure, we’ll use trade analysis to focus the negotiation around value. 3. and finally, to keep you from reverting to a price discussion, we’ll use multiple equal offers (meos) to tailor deals that optimize customer value. these counterpunches are not cute gimmicks or scripts you memorize. they are simple, learned skills that will work as well on your very first negotiation as they will on your 101st. Joe Gordillo is a partner and vice president of business development for Think! Inc. and has more than 25 years of experience as a sales and procurement executive, negotiator, and consultant. Before joining Think!, he was managing partner in a management consulting firm. His earlier experiences include negotiation on behalf of major corporations. He holds a BS in Chemical Engineering and an MBA from the JL Kellogg School of Management at Northwestern University.
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