My feeling is that a self-funded group is the covered entity and the
administrator is not.  Since they are the ones who could go to jail, we are
going to ask them to tell us what to do.
 
I don't think ownership by a carrier matters, since the financial
arrangement with the group (e.g. the self-funded agreement) defines who has
what role.
 
Ken Fody
Independence Blue Cross

-----Original Message-----
From: Jim Moores [mailto:[EMAIL PROTECTED]]
Sent: Thursday, May 30, 2002 3:09 PM
To: [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]
Cc: John Frohlich; John Simon; Kathleen Golovan
Subject: Questions on Group Health Plan certification:




HI All....  
 
  Questions on Group Health Plan certification:
 
Does a TPA who is providing administrative services for a Group Health Plan
(GHP) need to obtain certification from the GHP that the GHP has amended its
plan documents before releasing PHI to the GHP? OR is the TPA simply a
Business Associate with no obligations to do so? 

Assume that the TPA is a wholly owned subsidiary of a Health Plan (Insurer).
does the analysis change?
 
Again, given all the conditions above, if the parent (insurance) company
provides Stop Loss for the GHP where the TPA is processing claims, does the
parent (insurance) company have to get Health Plan Certification from the
GHP? does the TPA have any obligations under this scenario?
 
Any input would be helpful......
 
 
 
 
Jim Moores - HIPAA Team Leader - Privacy
Antares Management Solutions
23700 Commerce Park Road
Beachwood, Ohio   44122-5832
 
[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> 
Phone: (216)292-1605
Fax:      (216)292-1619
 

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