The other possibility is that the broker, as a agent (I'm assuming this is one type of agent that you are inquiring about)is a business associate of the group health plan, or otherwise related to the plan sponsor of the group health plan, and is called out in the amended plan document as one of the entities allowed to use and disclose PHI on the group health plan's behalf for the purpose of administering the plan. 164.504 (f) recognizes that once plan documents are appropriately amended in accordance with HIPAA requirements, the plan sponsor may be sharing PHI with agents as long as the plan sponsor "ensure(s) that any agents, including a subcontractor, to whom it provides PHI received from the group health plan agree to the same restrictions and conditions that apply to the plan sponsor with respect to such information."
Our most common "agent" is a broker and, at least in our situation, they are commonly involved in handling PHI on behalf of the group health plan for the purpose of assisting with administering the plan. Julie McCarter Great-West Life -----Original Message----- From: Bill Bernath [mailto:[EMAIL PROTECTED]] Sent: Wednesday, March 27, 2002 6:13 AM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Subject: Re: Agent's Rights to PHI Cathy, we've be wrestling with this for a bit. I wish it was as simple as it sounds, but we see the agent falling into a couple of categories - one that works directly for us, that is, a paid employee of BCBSNC. We'll assume that this agent is representing our interests. The other category is agents that are not employees, but instead are representing either the member or the group health plan. For either category, but especially for the non-employees, we are leaning towards absolutely no disclosure of PHI (without proper signed authorization on file, of course). So far, we have not been able to come up with instances where an agent would 'need' PHI. If someone in the group can make a case for it, I'd be glad to put it in our mix for further consideration - thx- b Bill Bernath Blue Cross Blue Shield of North Carolina Privacy Office (919) 765-7006 [EMAIL PROTECTED] >>> <[EMAIL PROTECTED]> 03/26/02 08:05PM >>> Does anyone in the WEDI SNIP Privacy Workgroup know the industry's perspective and the Agents perspective on whether Agents should have rights to PHI. I would really appreciate your input on this. Thank you. Cathy Kiaha Manager, Education and Communications HIPAA PMO PHONE: (818) 234-3154 FAX: (818) 234-3841 E-MAIL: [EMAIL PROTECTED] ********************************************************************** 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.
