RE: Health Insurance Companies getting Disclosure Authorization to Subrogate with Auto Insurance Co.

[Carter, Patricia]

Subrogation is part of "payment," and as TPO would not generally be subject to the authorization requirements, but rather to the consent requirements (and a health plan need not -- even before the NPRM-- get consent for TPO uses and disclosures.)     Patricia I. Carter, J.D. Gray, Plant, Mooty, Mooty & Bennett, P.A. 3400 City Center 33 South Sixth Street Minneapolis, MN 55402 Phone: 612-335-7867 Fax: 612-333-0066 Email: [EMAIL PROTECTED]     -----Original Message----- From: Jim Moores [mailto:[EMAIL PROTECTED]] Sent: Wednesday, March 27, 2002 8:55 AM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Cc: Kathleen Golovan Subject: Health Insurance Companies getting Disclosure Authorization to Subrogate with Auto Insurance Co. Hi All,     Have any of the payers on the list confronted the problem of how health plans getting Disclosure Authorization to subrogate claims with auto/property/casualty/hazard insurance companies...  For example, because the auto insurer is not a CE nor a BA how can the Health Plan share PHI with the auto insurer when it is looking for them to subrogate the claim. Getting authorization from the member is going to be hard because they have no motivation to provide it and may actually have a disincentive to do so because they do not want their auto insurance rates to go up. The auto co won't subrogate without the information.     Tips on where to go to get guidance or thoughts on the matter would be much appreciated....         Jim Moores - HIPAA Team Leader - Privacy Antares Management Solutions 23700 Commerce Park Road Beachwood, Ohio   44122-5832   [EMAIL PROTECTED] Phone: (216)292-1605 Fax:      (216)292-1619   ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=ivacy and enter your email address. ------------------------------------------------------------------------------ CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that you are strictly prohibited from printing, storing, disseminating, distributing or copying this communication. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank You, Antares Management Solutions. ============================================================================== ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=business and enter your email address. NOTICE: This electronic mail transmission may contain an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling 612-343-2800, so that our address record can be corrected.