Cindy,
In my humble opinion, the determinative issue is not whether the party to
whom the protected health information (PHI) is entrusted is a covered
entity, but whether the covered entity receiving the PHI is performing some
function or service on behalf of the other covered entity. �If the answer
is affirmative, then a business associate contract would be required. �You
would need consider whether under your interpretation of the law (and that
of your counsel, of course) �you would deem the physicians to be performing
a function with the PHI on behalf of the nursing home. �It could be argued
that the physicians would not be performing �functions using the PHI for
the nursing home, but �for patients. �More facts would be required to do
the appropriate analysis. �With regard to the "fiscal intermediaries, "
you've already concluded that they are covered entities. �Again, you would
have to determine whether they, too, are performing functions for the
benefit of or on behalf of a covered entity who is entrusting PHI to them.
Peter
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Peter B. Goldstein
Cap Gemini Ernst & Young, US LLC
4610 South Ulster Street, Suite 600
Denver, Colorado �80237-4323
(303) 796-4148 (Direct)
(413) 740-0512 (Facsimile)
cap comm: 657 4653
[EMAIL PROTECTED]
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