I also agree with David. In addition, if a clearinghouse is converting proprietary formats to HIPAA standard formats (or vice versa) for a health care provider or a health plan, then the clearinghouse is a covered entity. The principal purpose behind the business associate rule is to flow down the Privacy Rule requirements to certain covered entity subcontractors. As the covered entity must be in compliance with the Privacy Rule, it is unnecessary for trading partners that are both covered entities to have business associate provisions in their contract. HHS has acknowledged this fact most prominently in the preamble to the 3/27/02 proposed modifications to the final rule. Such covered entities may want to have a trading partner agreement to implement the standard transactions. Best regards, David Ermer
Gordon & Barnett 1133 21st St., NW, Suite 450 Washington, DC 20036 202-833-3400 ext 3009 (voice) 202-223-0120 (fax) www.gordon-barnett.com >>> "David Blasi" <[EMAIL PROTECTED]> 09/04/02 08:42AM >>> I disagree. If a collection agency/billing agency etc. is contracted with a provider to submit claims and they are paid by the provider, there is no business associate relationship with the health plan, insurer or whomever they are submitting the claims. They are not providing services to the health plan and the health plan is not providing services to the collection agency/billing agency. [EMAIL PROTECTED]' >>> "Leslie C. Bender " <[EMAIL PROTECTED]> 09/03/02 08:43PM >>> A reasonable interpretation of HIPAA says "yes." Leslie Bender, Esq. Leslie C. Bender, P.A. 1922 Greenspring Drive, Suite 7 Timonium, Maryland 21093 Ph: 410-453-4125 Fax: 410-453-4126 www.roiWebEd.com ---------- Original Message ---------------------------------- From: "Vikas Budhiraja" <[EMAIL PROTECTED]> Reply-To: <[EMAIL PROTECTED]> Date: Tue, 3 Sep 2002 16:32:06 -0400 >Hello: >I am new to this group so am not sure if the following question has been >answered before. The question relates to 'Business Associate' agreements >required by the Privacy regulation. > >For a Clearinghouse / Billing & Collection Agency they would need to sign >the Business Associate Agreements with direct business partners, such as, >Web MD, PrintMail, etc. However, do they also need to sign these agreements >with all the third party insurance carriers to whom they submit the claims? >There would hundreds of those and that would be quite a difficult task. > >Regards, >Vikas > > > > > >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. > > ________________________________________________________________ Sent via the WebMail system at mail.theroi.com 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. 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.
