We have analyzed it the way Beth has. Regarding the perspective of agent trade organizations, I have a paper from the Council of Independent Agents and Brokers that is of the opinion that agents/brokers/producers are actually covered entities (health plans). If anyone on the list is interested, I will summarize their argument. I do not agree with their analysis. I have not yet found out what position NAHU takes.
Judith A. Langer, Attorney HIPAA Project Director Cobalt Corporation (Blue Cross & Blue Shield United of Wisconsin) -----Original Message----- From: Beth Kranda [mailto:[EMAIL PROTECTED]] Sent: Wednesday, March 27, 2002 8:16 AM To: [EMAIL PROTECTED] Cc: [EMAIL PROTECTED]; [EMAIL PROTECTED] Subject: Re: Agent's Rights to PHI There is a position paper present in the Privacy Policies & Procedures whitepaper on Brokers and Agents. I agree with Bill - that Agent is either 1 - a Business Associate of the Health Plan subject to the rights and restrictions in his BA contract with me 2 - a Business Associate of the Employer/ERISA Plan subject to the same restrictions as that Employer 3 - none of the above and has no rights unless I have an Authorization or Personal Representative Form on file from the member. -Beth Kranda Bill Bernath wrote: > 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. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address.
