Thanks for everyone's comments. To clarify the entity in question is a Billing & Collection Agency. So it has only provider clients. Based on everyone's input I conclude that this CE would not need any BA agreements with the payors to whom it submits claims. However, it would need BA agreements with its providers as the CE is the BA of the provider. Is that correct?
Regards, Vikas -----Original Message----- From: Leslie C. Bender [mailto:[EMAIL PROTECTED]] Sent: Wednesday, September 04, 2002 12:54 PM To: [EMAIL PROTECTED]; Jamelle T. Magee Subject: RE: A Question about Business Associate Agreements Are we all working from the same original facts? I read the original post to say that one entity, a clearinghouse/billingagency/collection agency, was in the vortex of a series of transactions and wanted to know if it needed BA agreements with providers and payors that it found itself in the middle of -- not that there were 3 separate companies. I apologize if I misinterpreted the back slashes in the post -- but I didn't see the question as 3 separate entities asking if each fit the BA definition and how.. Clearly a collection agency working for a payer needs no BA agreement with a provider (that isn't its client) and the converse is true as well. Similarly a medical billing company working for a provider is its BA -- but is not a payor's BA because it handles an outsource of the provider's insurance billing and follow up functions (which equate to "payment" in HIPAA). To me the results change if you have one entity interchangeably being clearinghouse/billing company/collection agency -- performing multiple tasks through one corporate entity for the same group of provider and payor clients (e.g., it isn't a hybrid, doesn't have separate corporate affiliates...) Leslie Bender ---------- Original Message ---------------------------------- From: "Jamelle T. Magee" <[EMAIL PROTECTED]> Date: Wed, 4 Sep 2002 09:59:30 -0400 > > > > > > >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 > > > > ________________________________________________________________ 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.
