RE: A Question about Business Associate Agreements

[Noel Chang]

I agree that no BA relationship exists between the clearinghouse and the health plans they submit to.  The clearinghouse is conducting a covered transaction with the health plan.  Neither party is performing a service on behalf of the other and therefore does not meet the definition of a business associate in this context.  The clearinghouse is a BA of whomever they process claims for because the claim processing is a service they are performing on behalf of the CE.   Noel Chang   -----Original Message----- From: Jamelle T. Magee [mailto:[EMAIL PROTECTED]] Sent: Wednesday, September 04, 2002 9:00 AM To: [EMAIL PROTECTED] Subject: RE: A Question about Business Associate Agreements       WE know that a BA relationship exists b/t provider and clearinghouse and no BA relationship exists b/t provider and health plan, per regs.  I believe that like the provider, no BA relationship would exist b/t the clearinghouse and the health plan.  However, I have been known to be conservative when designating BAs.  What’s your reasoning Leslie?       Jamelle Jamelle T. Magee, JD Privacy Officer UNC Chapel Hill Student Health Service v. 919.843.2584   Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of intended recipient(s) and may contain confidential and privileged information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.     -----Original Message----- From: David Blasi [mailto:[EMAIL PROTECTED]] Sent: Wednesday, September 04, 2002 7:43 AM To: [EMAIL PROTECTED] Subject: Re: A Question about Business Associate Agreements   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. 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.