Can someone tell me the status of the final rules for chain of trust agreements? If I'm not mistaken, they are covered by the yet to be finalized security regulations. That said, I would suggest that those of you with thousands of contracts might consider getting the baa out the door soon and not try to combine the efforts. Remember, there are contracts that will be up for renewal in less than a month that must have the business associate wording in place so you will be compliant in April '03. You might want to consider how much push back you will get if your vendors do not want to amend on chain of trust because it is not indeed a change due to new regulations, as is the case with BAA's - just a practical consideration - thx- b
Bill Bernath Blue Cross Blue Shield of North Carolina Privacy Office (919) 765-7006 [EMAIL PROTECTED] >>> "Bradley Gross" <[EMAIL PROTECTED]> 03/09/02 11:20PM >>> While everyone's initial instinct to combine agreements may be prudent, the flip side of the coin is that by combining the agreements you risk (1) turning three fairly straight-forward contracts into one monster--and perhaps overly complicated--agreement. Personally, the thought of three contracts with your trading partners doesn't shock me. If they can be combined to make a single coherent document, then go for it. Generally, I have found that many attorneys who try to put too much information into one agreement end up covering all areas, but none in depth. The rule of thumb to keep in mind is that the contract should be able to be read (and understood) by a person with virtually no knowledge of the facts. When you start combining agreements, this rule of thumb tends to fly out the window.... If contract management becomes a problem (which it is for most people in the healthcare industry), I'd recommend that you invest in some good contract management software. That's my $0.02. Good luck. Brad Gross Bradley J. Gross, Esq. Becker & Poliakoff, P.A. email: [EMAIL PROTECTED] web: www.becker-poliakoff.com NBC6 Technology Law Correspondent web: www.nbc6.net CompTIA Best Practices & Education Committees www.comptia.org >>> "David Ermer" <[EMAIL PROTECTED]> 03/09/02 12:04AM >>> I am attorney. It is a common practice to use one contract to serve multiple purposes. Just compare this to a situation where a company buys several different products simultaneously from one manufacturer. It would defy common sense to use separate agreements in wither that situation or this one. The law should reflect common sense, and generally it does. I concur with Beth. Best regards, David Ermer, Gordon & Barnett, Wash. D.C. <<< "Beth Kranda" <[EMAIL PROTECTED]> 3/ 8 8:14p >>> Yes, I have heard CMS say that it was not the intent that you have 3 agreements with each of your trading partners. They may be combined to the extent that the trading partner is also a BA. I am no lawyer, however so let's hear what they have to say! "Street, Bunny" wrote: > Is anyone considering possibly combining these agreements? I realize they > represent separate issues but do have some similarities. Comments > appreciated. > Thanks, > Leslie Street > Privacy Specialist > Mountain States Health Alliance > 423-431-1661 > > ********************************************************************** > To be removed from this list, go to: >http://snip.wedi.org/unsubscribe.cfm?list=privacy > and enter your email address. -- M. Beth Kranda Sr. Project Consultant and Privacy Director OASYS t- (317) 614-2139 f- (317) 614-2001 e- [EMAIL PROTECTED] info- www.oasys.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address.
