Jim, I cannot see where the requirement for the US-based CE to ensure the privacy and integrity of all PHI entrusted to him would be reduced by using an off-shore business associate. The rule requires a valid BA agreement in such cases. If the BA's citizenship status, however, would make such a BAA unenforceable under US law, then I would say that the CE has no valid BAA in that case... and would be in violation of the law if he used the off-shore BA.
(I'm not a lawyer) Regards, -Chris Christopher J. Feahr, OD http://visiondatastandard.org [EMAIL PROTECTED] Cell/Pager: 707-529-2268 At 04:59 PM 9/3/2002 -0400, you wrote: >One of the recent trends is to send paper claims offshore (outside of the >US) for data entry. This is often done by sending scanned files of paper >claims. This practice may even increase in the future due to the "paper >backlash" some expect from providers who were electronic submitters and who >decide to switch to paper due to HIPAA compliance expense or complications >and other issues. > >I am interested in hearing some viewpoints on how HIPAA Privacy will affect >this off shore keying practice. It seems that since HIPAA is a US law only, >there will be no ability to enforce its' provisions outside of the US. >Therefore no foreign company can be held to task for not protecting PHI or >using it in a manner not allowed under HIPAA. > >I also have read of some off these off shore data entry companies (or their >employees) selling social security numbers (they dealt with credit card >data) to members of the Russian mafia who used it in identify theft and who >knows what else. > >Does anyone know of a specific requirement in HIPAA or via other federal >rules that claims can not be keyed off shore? For the lawyers in the >audience - any commentary would be appreciated. Should a best practice be >not to allow keying of PHI off shore? > >Jim Hazelrigs >[EMAIL PROTECTED] >4905 Waters Edge Drive, Raleigh, NC 27606 >tel: 919 233 6820 > > > > > >The WEDI SNIP listserv to which you are subscribed is not moderated. The >discussions on this listserv therefore represent the views of the individual >participants, and do not necessarily represent the views of the WEDI Board of >Directors nor WEDI SNIP. If you wish to receive an official opinion, post >your question to the WEDI SNIP Issues Database at >http://snip.wedi.org/tracking/. >Posting of advertisements or other commercial use of this listserv is >specifically prohibited. The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited.
