The first question I would ask is whether you consider yourself as a PPO
to be a "business associate" of the healthcare provider and would even
want to get these agreements.  Unless you are doing something besides
negotiating discounted rates in your contracts with the providers (i.e.
acting as a billing service), I think the answer is "no".  Any PHI you
would receive is the result of your contract with your health plan payer
clients.  You should have your "business associate" agreement with the
health plan payer clients, but I don't think you need one with the
healthcare providers.  The key question to all this is "who pays you for
your services".  Your are only providing services and potentially
receiving PHI on behalf of those entities.    As for adjudicating the
claim, a claims administrator in an open network will receive many
claims from health care providers.  A business associate contract is not
required, so I don't see how you could deny the claim based solely on
the lack of a business associate agreement.  


>>> "Rachaeya Ruaysamran" <[EMAIL PROTECTED]> 11/29/01 11:18AM >>>
Are there any ramifications for health care providers that are already
part
of the PPO network if they do not sign a chain of trust agreement or a
trading partner agreement? Can we as the re-pricing house deny
re-pricing
the claim until they sign the agreement? Can we also deny adjudicating
the
claim because the health care provider has not guaranteed that they
are
HIPAA compliant. Can we terminate the existing contract if they deny
the
HIPAA contracts?  Please advise.


Rachaeya Ruaysamran
Administrative Resident
800 872 0820 ext 4030
[EMAIL PROTECTED] 
 <<Rachaeya Ruaysamran.vcf>> 


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