RE: business associate questions

2003-04-01 Thread Darrell Rishel
If your law firm provides any services to any entity in healthcare, I
strongly suggest you start getting familiar with HIPAA...in a hurry. Legal
services is one of the types of messages specifically mentioned in the
section of the regulation addressing business associates. Whether a law firm
providing services to a health care entity is a Business Associate or that
health care entity will depend essentially on two things: (1) is the health
care entity a "covered entity" under HIPAA, and (2) does the law firm
receive protected health information in the course of performing those
services. If the answer to both of those questions is yes, then you need to
have a Business Associate Agreement with the health care entity.

Darrell Rishel, J.D. 
Director of Information Services 
Arapahoe House, Inc.

This message is not legal advice.


> -Original Message-
> From: Jason Cantos [mailto:[EMAIL PROTECTED]
> Sent: Tuesday, April 01, 2003 11:24 AM
> To: WEDI SNIP Privacy Workgroup List
> Subject: business associate questions
> 
> 
> I work in a small law firm.  A couple of our clients asked us to sign 
> business associate agreements.  These business associate 
> agreements require 
> the law firm to adopt HIPAA specific policies and procedures. 
>  Are there any 
> business associates (law firms specifically) that are doing this?
> 
> On an unrelated matter, the provider of our dental insurance 
> asked us to 
> sign a business associate agreement, with us as the business 
> associate--I 
> just don't see how we are a business associate in this situation.
> 
> Thanks so much for your help.
> 
> 
> 
> 
> 
> _
> 
> 
> 
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Billing Company fee for copy/release billing records

2003-04-01 Thread Brenda K. Burton

I'd like some input on how Billing Companies are handling any fees for release of 
billing records to patients if your company does this. If you are, could you lead me 
to documentation in the regs or otherwise that support your answer?  Thanks, Brenda


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RE: business associate questions

2003-04-01 Thread Langer, Judi
On your unrelated matter, I, too, don't see where there is a business
associate relationship between a dental insurer and the law firm, or even
between the dental insurer and the law firm's "group health plan."  

The U.S. Department of Health and Human Services Office of Civil Rights, the
agency charged with enforcement of the HIPAA Privacy Rules, recently issued
guidance that specifically addresses this point.  The guidance (which can be
found at http://www.hhs.gov/ocr/hipaa/privacy.html) states the following at
p. 52:

"Q:  Is a health insurance issuer or HMO who provides health insurance or
health coverage to a group health plan a business associate of the group
health plan?

A:  A health insurance issuer or HMO does not become a business associate
simply by providing health insurance or health coverage to a group health
plan.  The relationship between the group health plan and the health
insurance issuer or HMO is defined by the Privacy Rules as an organized
health care arrangement (OHCA), with respect to the individuals they jointly
serve or have served.  Thus, these covered entities are permitted to share
protected health information that relates to the joint health care
activities of the OHCA. . . . "
 

The guidance also states, at pp. 47-48:

"Q:  Are covered entities that engage in joint activities under an organized
health care arrangement (HCA) required to have business associate contracts
with each other?

A:  No.  Covered entities that participate in an OHCA are permitted to share
protected health information for the joint health care activities of the
OHCA without entering into business associate contracts with each other. . .
. "

I hope this is helpful.  Judi


Judith A. Langer, Attorney
Privacy Official
Cobalt Corporation

The opinions expressed in this e-mail are my own and not necessarily those
of Cobalt Corporation.


-Original Message-
From: Jason Cantos [mailto:[EMAIL PROTECTED]
Sent: Tuesday, April 01, 2003 12:24 PM
To: WEDI SNIP Privacy Workgroup List
Subject: business associate questions


I work in a small law firm.  A couple of our clients asked us to sign 
business associate agreements.  These business associate agreements require 
the law firm to adopt HIPAA specific policies and procedures.  Are there any

business associates (law firms specifically) that are doing this?

On an unrelated matter, the provider of our dental insurance asked us to 
sign a business associate agreement, with us as the business associate--I 
just don't see how we are a business associate in this situation.

Thanks so much for your help.





_



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RE: business associate questions

2003-04-01 Thread Craig Moen
Jason-

I believe it depends on how your are being utilized.  It would seem that as
legal counsel you may be exposed to PHI when they are asking you to defend
them in any litigation brought by a patient or if they are working against
an insurance company for non-payment etc.  The agreement should state that
they require you to adopt their established HIPAA policies to protect the
PHI that they disclose to you.  So along with the agreement should be how
they are placing utilizing reasonable safeguards in place and that you
should do the same when using the PHI

That is my interpretation of what HIPAA says for us as a covered entity to
do

Craig Moen, MPT
Director of Rehabilitation
HIPAA Privacy Official
THERAPY 2000


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-Original Message-
From: Jason Cantos [mailto:[EMAIL PROTECTED]
Sent: Tuesday, April 01, 2003 12:24 PM
To: WEDI SNIP Privacy Workgroup List
Subject: business associate questions


I work in a small law firm.  A couple of our clients asked us to sign
business associate agreements.  These business associate agreements require
the law firm to adopt HIPAA specific policies and procedures.  Are there any
business associates (law firms specifically) that are doing this?

On an unrelated matter, the provider of our dental insurance asked us to
sign a business associate agreement, with us as the business associate--I
just don't see how we are a business associate in this situation.

Thanks so much for your help.





_



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business associate questions

2003-04-01 Thread Jason Cantos
I work in a small law firm.  A couple of our clients asked us to sign 
business associate agreements.  These business associate agreements require 
the law firm to adopt HIPAA specific policies and procedures.  Are there any 
business associates (law firms specifically) that are doing this?

On an unrelated matter, the provider of our dental insurance asked us to 
sign a business associate agreement, with us as the business associate--I 
just don't see how we are a business associate in this situation.

Thanks so much for your help.





_



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Psychotherapy Notes

2003-04-01 Thread Coffield, Robert L.



Psychotherapy 
notes are defined very specifically in the regulations including that 
the records "are separated from the rest of the individual's medical 
record." 
 
Does the 
definition imply that a mental health provider who does not keep the 
records separate -- not have HIPAA psychotherapy notes? If so, can the 
provider release the records under a general HIPAA authorization and not be 
required to obtain a separate authorization for release of what may be 
classified as "psychotherapy notes" had such records been kept separate and 
apart from the other medical records.
 
Basically was 
the definition designed to allow two ways to handle such records. It is my 
understanding from discussion with some mental health care providers that they 
like to keep some records separate and from others that they put all the records 
into the full medical record.
 
Thoughts. bob coffield
 

** 
Robert L. Coffield 
Flaherty, Sensabaugh & Bonasso, 
PLLC 200 Capitol Street (P.O. Box 3843) 
Charleston, WV 25338-3843 (304) 347-3791 Fax: (304) 345-0260 Work Email: [EMAIL PROTECTED]  
*** 

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'second tier' BAA

2003-04-01 Thread Brenda K. Burton

Anybody willing to share one with me?  I'm a billing company and looking at the 
language we should put into our agreements with subcontractors/agents.  We have an 
agreement with them, but now that I have heard about others referring to this 
document, 'second tier' BAA, I'd be interested in seeing what is in it.

Thanks,
Brenda


Brenda K. Burton
MEDEXTEND
877-491-7650

Available on Instant Messenger as:  medextend

Please Note:  This email is intended only for the person/entity as specifically 
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substitute for legal advisement or other professional advice. 

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RE: More Business Associate

2003-04-01 Thread David Ermer
Deborah -- Yes according to § 164.532(b) if a covered entity had a
contract in place with a BA on October 14, 2002, then the covered entity
must amend that contract to include the required BA provisions the next
time that the parties substantively modify the agreement but in no event
later than April 14, 2004.  A evergreen renewal does not constitute a
substantive modification. So if the CE and the BA substantively modified
their agreement after October 14, they should have included the BA
provisions.

My advice to clients is similar to the approach that you have taken.
However, if the CE has contracts eligible for the transition rule that
it can't amend by April 14, 2002, then the CE should send the BA a
letter now placing the BA on notice about the various HIPAA 
obligations. The OCR 12/4/02 guidance on BA's has a useful list of such
obligations that apply during the transition period. I have quoted that
Q & A below.

Best regards, Dave Ermer

   

Q: What are a covered entity's obligations under the HIPAA Privacy
Rule with respect to protected health information held by a business
associate during the contract transition period?

A: During the contract transition period, covered entities must observe
the following responsibilities with respect to protected health
information held by their business associates:

Make information available to the Secretary, including information held
by a
business associate, as necessary for the Secretary to determine
compliance by the covered entity.

Fulfill an individual's rights to access and amend his or her
protected health
information contained in a designated record set, including information
held by a business associate, if appropriate, and receive an accounting
of disclosures by a business associate.

Mitigate, to the extent practicable, any harmful effect that is known
to the covered entity of an impermissible use or disclosure of protected
health information by its business associate.

Covered entities are required to ensure, in whatever reasonable manner
deemed effective by the covered entity, the appropriate cooperation by
their business associates in meeting these requirements during the
transition period. However, a covered entity is not required to obtain
the satisfactory assurances required by the Privacy Rule from a business
associate to which the transition period applies. Of course, even during
the transition period, covered entities still may only disclose
protected health information to a business associate for a purpose
permitted under the Rule and must apply the minimum necessary standard,
as appropriate, to such disclosures.

Gordon & Barnett
Attorneys at Law
1133 21st St., NW, Suite 450
Washington, DC 20036
202-833-3400 ext 3009 (voice)
202-223-0120 (fax)
www.gordon-barnett.com

>>> Deborah Campbell <[EMAIL PROTECTED]> 04/01/03 10:52AM
>>>
Craig,
The way I understand this (correct me if I'm wrong guys), if you have
a
contract in place by October 2002, you have a 1 year extension for the
BAA.
But the Covered Entity is still responsible for the BA abiding by the
BA
requirements, even though you have waited another year to get a
contract
signed. We have decided to go ahead and amend the current contracts
anyway.
Deborah
Deborah Campbell
Compliance Coordinator

Dominion Dental Services, Inc.
115 South Union Street, Suite 300
Alexandria, Virginia 22314

Phn: (703) 518-5000 ext. 3035
Fax: (703) 518-8849
Toll Free:  888-518-5338
Email: [EMAIL PROTECTED] 

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-Original Message-
From: Craig Moen [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, April 01, 2003 10:52 AM
To: WEDI SNIP Privacy Workgroup List
Subject: More Business Associate



Can someone help me understand this a little better:

I am reading language about having contracts signed before October of
2002.
It seems to states that Business Associate agreements/addendums have
an
extension to 4-14-04 in these instances?  For those that we have
verbal
agreements with we have to have something in place by 4-14-03.  Sounds
a
little strange, because contracts signed before October 2002 may have
confidentiality policies etc, but not necessarily the language required
by
HIPAA(the way I have read it)

Thanks for any clarification

Craig Moen
Director of Rehabilitation
HIPAA Privacy Official
THERAPY 2000



Confidential Information
This email message is intended only for the person or entity to which
it is
addressed. Unless otherwise indicated or obvious by the nature of this
transmittal, the information contained in this email message is
privileged
and 

RE: More Business Associate

2003-04-01 Thread Deborah Campbell
Title: RE: More Business Associate





Craig,
The way I understand this (correct me if I'm wrong guys), if you have a contract in place by October 2002, you have a 1 year extension for the BAA. But the Covered Entity is still responsible for the BA abiding by the BA requirements, even though you have waited another year to get a contract signed. We have decided to go ahead and amend the current contracts anyway.

Deborah
Deborah Campbell
Compliance Coordinator


Dominion Dental Services, Inc.
115 South Union Street, Suite 300
Alexandria, Virginia 22314


Phn: (703) 518-5000 ext. 3035
Fax: (703) 518-8849
Toll Free:  888-518-5338
Email: [EMAIL PROTECTED]


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-Original Message-
From: Craig Moen [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, April 01, 2003 10:52 AM
To: WEDI SNIP Privacy Workgroup List
Subject: More Business Associate




Can someone help me understand this a little better:


I am reading language about having contracts signed before October of 2002.
It seems to states that Business Associate agreements/addendums have an
extension to 4-14-04 in these instances?  For those that we have verbal
agreements with we have to have something in place by 4-14-03.  Sounds a
little strange, because contracts signed before October 2002 may have
confidentiality policies etc, but not necessarily the language required by
HIPAA(the way I have read it)


Thanks for any clarification


Craig Moen
Director of Rehabilitation
HIPAA Privacy Official
THERAPY 2000




Confidential Information
This email message is intended only for the person or entity to which it is
addressed. Unless otherwise indicated or obvious by the nature of this
transmittal, the information contained in this email message is privileged
and confidential, intended for the use of the intended recipient (or the
employee or agent responsible to deliver to the intended recipient), you are
hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the
original message
THERAPY 2000
1881 Sylvan Avenue Suite 210
Dallas, Tx 75208



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More Business Associate

2003-04-01 Thread Craig Moen

Can someone help me understand this a little better:

I am reading language about having contracts signed before October of 2002.
It seems to states that Business Associate agreements/addendums have an
extension to 4-14-04 in these instances?  For those that we have verbal
agreements with we have to have something in place by 4-14-03.  Sounds a
little strange, because contracts signed before October 2002 may have
confidentiality policies etc, but not necessarily the language required by
HIPAA(the way I have read it)

Thanks for any clarification

Craig Moen
Director of Rehabilitation
HIPAA Privacy Official
THERAPY 2000



Confidential Information
This email message is intended only for the person or entity to which it is
addressed. Unless otherwise indicated or obvious by the nature of this
transmittal, the information contained in this email message is privileged
and confidential, intended for the use of the intended recipient (or the
employee or agent responsible to deliver to the intended recipient), you are
hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the
original message
THERAPY 2000
1881 Sylvan Avenue Suite 210
Dallas, Tx 75208


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