Robin,
It is my understanding that NO business associate agreement is needed between CEs that share PHI as long as both of those entities are acting in their respective roles as CEs (as opposed to BAs.)
For example, when a provider hires a clearinghouse to translate non-standard health information into standardized formats, the clearinghouse would be acting in the capacity of a BA, and a BAC would be required. However, if the provider is disclosing PHI in any format to a health plan’s clearinghouse for whatever purpose (on behalf of the health plan), the clearinghouse is acting in a CE capacity (for the provider), and no BAC between the provider and the clearinghouse would be required.
I hope that this helps.
Your questions are always welcome.
Matt
Matthew Rosenblum Chief Operations Officer Privacy, Quality Management & Regulatory Affairs
CPI Directions, Inc. 10 West 15th Street, Suite 1922 New York, NY 10011
(212) 675-6367
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-----Original Message-----
I have a sample contract for BAs,
but what do I do about a contract between CEs? And do I need one for all
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- Business contracts between CE Rlh00023
- Matthew Rosenblum