Re: BA Agreement

[Doug Webb]

Kristen, As near as I can tell, no  BAA is needed. The Parmacist is a Covered Entity acting on his own bahalf. As long as you're not told the content of the bags, I don't believe that you're even exposed to any PHI, even for the purposes of payment.   The opinions expressed here are my own and not necessarily the opinion of LCMH.   Douglas M. Webb Computer System Engineer Little Company of Mary Hospital & Health Care Centers [EMAIL PROTECTED]   "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s)  named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately,  delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you."     ----- Original Message ----- From: Kristen Emerson To: WEDI SNIP Privacy Workgroup List Sent: Monday, February 24, 2003 12:29 PM Subject: BA Agreement My agency is entering into a contract with a pharmacist to provide free "brown bag checks" for elderly citizens.  These "brown bag checks" consist of an elderly citizen bringing all the prescription drugs that they are taking to the pharmacist and receiving counseling on medication management by the pharmacist.  We sponsor a booth at health fairs where this service is offered free of charge to the elderly. We are contracting with this one pharmacist to provide these "brown bag checks" for us at the health fairs.  Do we need a BA with this pharmacist or not?  My feeling is that he is providing the service to the clients and we are just the payer therefore he is not utilizing PHI to provide a service on our behalf, but I keep getting stuck on BA's.  This area of HIPAA is the hardest one for me to nail down and understand. Thanks in advance, Kristen Emerson Management Analyst/HIPAA Compliance Officer Mid-Florida Area Agency on Aging --- 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/.   These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services.  They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org