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]
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
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