But is there an issue because you are sharing with a third party that is
not a Covered Entity and not a Business Associate in order to facilitate
"payment.
For example, when I use a third party to do something that qualifies as
"healthcare operations" I must have a Business Associate Agreement with them to
protect the information when it leaves my control. What is protecting the
information when I send it to the property/casualty insurer
Kathleen R. Golovan, Esq.
Senior Corporate Counsel Medical Mutual of Ohio 2060 E. Ninth Street (MZ:01-10B-1900) Cleveland, Ohio 44115-1355 Phone: 216-687-2737 Fax:216-687-2623 E-mail:[EMAIL PROTECTED] ?
>>> "Carter, Patricia" <[EMAIL PROTECTED]> 03/27/02 11:16AM >>> Subrogation is part of "payment," and as TPO
would not generally be subject to the authorization requirements, but rather to
the consent requirements (and a health plan need not -- even before the NPRM--
get consent for TPO uses and disclosures.)
Patricia I. Carter, J.D.
Gray, Plant, Mooty, Mooty & Bennett, P.A. 3400 City Center 33 South Sixth Street Minneapolis, MN 55402 Phone: 612-335-7867 Fax: 612-333-0066 Email: [EMAIL PROTECTED] -----Original Message----- From: Jim Moores [mailto:[EMAIL PROTECTED]] Sent: Wednesday, March 27, 2002 8:55 AM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Cc: Kathleen Golovan Subject: Health Insurance Companies getting Disclosure Authorization to Subrogate with Auto Insurance Co. Hi All,
Have any of the payers on the list confronted the problem of
how health plans getting Disclosure Authorization to subrogate claims with
auto/property/casualty/hazard insurance companies... For example, because
the auto insurer is not a CE nor a BA how can the Health Plan share PHI with the
auto insurer when it is looking for them to subrogate the claim. Getting
authorization from the member is going to be hard because they have no
motivation to provide it and may actually have a disincentive to do so because
they do not want their auto insurance rates to go up. The auto co won't
subrogate without the information.
Tips on where to go to get guidance or thoughts on the matter
would be much appreciated....
Jim Moores - HIPAA Team Leader - Privacy
Antares Management Solutions 23700 Commerce Park Road Beachwood, Ohio 44122-5832 ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=ivacy and enter your email address. ------------------------------------------------------------------------------ NOTICE: This electronic mail
transmission may contain an attorney-client communication that is privileged at
law. It is not intended for transmission to, or receipt by, any unauthorized
persons. If you have received this electronic mail transmission in error, please
delete it from your system without copying it, and notify the sender by reply
e-mail or by calling 612-343-2800, so that our address record can be
corrected. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ------------------------------------------------------------------------------ |
