Re: medical vendors as Business Associates
David, Amen! I would much rather have a clear answer beforehand thanenforcement afterword. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: David Frenkel To: WEDI SNIP Privacy Workgroup List Sent: Thursday, February 27, 2003 11:18 PM Subject: RE: medical vendors as Business Associates Doug, This is another example of the daunting enforcement task CMS has. There are so many interconnected issues that have no clear resolution. Somebody should calculate the cost of the lack of clarity of HIPAA. Regards, David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools www.gefeg.com 612-237-1966 -Original Message-From: Doug Webb [mailto:[EMAIL PROTECTED]] Sent: Wednesday, February 26, 2003 4:00 PMTo: WEDI SNIP Privacy Workgroup ListSubject: Re: medical vendors as Business Associates David, I would also tend to lean that way. Could we get a definitive answer "From Above"? The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: David Frenkel To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 02:55 PM Subject: RE: medical vendors as Business Associates Doug, This discussion has appeared on other healthcare listservs and there seems to be a strong leaning towards having medical device manufacture reps be considered part of TPO. It brings up an interesting liability issue as well as a patient consent issue for reps being in the OR. Regards, David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools www.gefeg.com 612-237-1966 -Original Message-From: Doug Webb [mailto:[EMAIL PROTECTED] Sent: Wednesday, February 26, 2003 2:53 PMTo: David Frenkel; WEDI SNIP Privacy Workgroup ListSubject: Re: medical vendors as Business Associates David, They do, but I'm not directly involved, so I don't know the answer to your question. Jim Hewitt did bring up an interesting point that these vendors may also be hardware/software support people. In that role, I would think that a BAA would be appropriate to state that they would protect PHI they contact while maintaining the equipment. I had been thinking just of their role as a supplier of the equipment. Whew! Covering all bases is tough!. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: David Frenkel To: WEDI SNIP Privacy
Re: medical vendors as Business Associates
Jo, quite so. I would lkie to call an entity that would be a CE if they did a single electronic transaction that a standard has been established for a "Potential Covered Entity" (PCE) and avoid all the repeated verbiage. Any takers? The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Jo Clair To: 'Doug Webb' Sent: Wednesday, February 26, 2003 04:17 PM Subject: RE: medical vendors as Business Associates Not all providers are CE's (they may not do electronic transactions). -Original Message-From: Doug Webb [mailto:[EMAIL PROTECTED]Sent: Wednesday, February 26, 2003 1:57 PMTo: WEDI SNIP Privacy Workgroup ListSubject: Re: medical vendors as Business Associates Craig, That would be my understanding. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Craig Moen To: 'Doug Webb' Sent: Wednesday, February 26, 2003 03:28 PM Subject: RE: medical vendors as Business Associates Doug- I want to make sure I am understanding. We are a home health agency that provides therapy services. Our therapists interact with DME providers, andorthotists and obviously share PHI. Since these are outside services not provided by us, the DME providers, and orthotist independently bill the appropriate insurance company. They would then also be CE's and then we would be able to share info with them without a BAA because information can be shared between CE's as a part of treatment. Correct? Thanks for your input Craig Moen Director of Rehabilitation THERAPY 2000 Dallas, TX---The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please do not distribute it. Please notify the sender by E-Mail at the address shown and delete the original message. Thank you. --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WED
Re: medical vendors as Business Associates
Jill, I agree with Dan. The critical question is do you do anything on behalf of a Covered Entity that involves PHI? If this answer is "No", you do not need a BAA. Providing devices to non-patients isolates you from PHI. Providing devices to patients is acting on behalf of yourself (I assume you make a profit on the deal, or you wouldn't be in business), not a service to the Covered Entity. If you also bill insurance carriers electronically, you may be a Covered Entity (providing Treatment). As Dan said, it would be extremely rare that a vendor of this type would be in a Business Associate relationship with a Covered Entity. If it operates in some other role in addition to being a DME vendor, that role must be considered independantly. . The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Dan Kelsey To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 08:32 AM Subject: RE: medical vendors as Business Associates I think your decision would have to be very fact based. For example, if a wheelchair company sells 50 wheelchairs to a hospital, then they would not be a BA of the hospital. However, if the hospital rehab unit orders a custom fit wheelchair that involves disclosure of the patient's limitations, physical build, etc., then chances are a BA relationship does not exist either. I say "chances are" because treatment by a health care provider is exempt from the BA definition and a BAA is not required. The key issue is if the medical vendor meets the definition of a health care provider - there is a mention in HIPAA for the Federal definition, and it is fairly all encompassing. Generally speaking, I do not think the majority of these vendors would be business associates. Hope this helps, Dan Kelsey Practice Advisor Indiana State Medical Association 800-257-4762 (317) 261-2060 (317) 261-2076 - fax -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]Sent: Wednesday, February 26, 2003 7:42 AMTo: WEDI SNIP Privacy Workgroup ListSubject: medical vendors as Business AssociatesAre medical vendors that supply products like prosthesis, wheelchairs, etc., considered BA? I have been researching this and can't seem to come up with clear answer...Thanks in advanceJill Rubin, Esq.(617)388-2404[EMAIL PROTECTED] ---The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org ---The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to
Re: medical vendors as Business Associates
Dawn, This looks like a lot of "CYA" BAA contracts being sent unnecessarily. The logic seems to be send them to everybody, and see who signs them. Don't forget that the CE is the one who is responsible to ensure that the proper BAAs are in place. Since a contract is signed by both sides, it doesn't matter who drafts the text. A BA who drafts the BAA text is trying to increase the likelyhood that their version is the one that is signed. Don't sign anything until your lawyer checks it out! The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Dawn Lenox To: Doug Webb Sent: Wednesday, February 26, 2003 09:37 AM Subject: Re: medical vendors as Business Associates I tried to explain this to a vendor that sent us (CE) their BA (non-CE) as a favor to usThey said we were being liberal in our interpretation and that they were being "conservative"...they did not even request that we sign it...go figure. - Original Message - From: Doug Webb To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 9:29 AM Subject: Re: medical vendors as Business Associates Jill, I agree with Dan. The critical question is do you do anything on behalf of a Covered Entity that involves PHI? If this answer is "No", you do not need a BAA. Providing devices to non-patients isolates you from PHI. Providing devices to patients is acting on behalf of yourself (I assume you make a profit on the deal, or you wouldn't be in business), not a service to the Covered Entity. If you also bill insurance carriers electronically, you may be a Covered Entity (providing Treatment). As Dan said, it would be extremely rare that a vendor of this type would be in a Business Associate relationship with a Covered Entity. If it operates in some other role in addition to being a DME vendor, that role must be considered independantly. . The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Dan Kelsey To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 08:32 AM Subject: RE: medical vendors as Business Associates I think your decision would have to be very fact based. For example, if a wheelchair company sells 50 wheelchairs to a hospital, then they would not be a BA of the hospital. However, if the hospital rehab unit orders a custom fit wheelchair that involves disclosure of the patient's limitations, physical build, etc., then chances are a BA relationship does not exist either. I say "chances are" because treatment by a health care provider is exempt from the BA definition and a BAA is not required. The key issue is if the medical vendor meets the definition of a health care provider - there is a mention in HIPAA for the Federal definition, and it is fairly all encompassing. Generally speaking, I do not think the majority of these vendors would be business associates. Hope this helps, Dan Kelsey Practice Advisor Indiana State Medical Association 800-257-4762 (317) 261-2060 (317) 261-2076 - fax -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]Sent: Wednesday, February 26, 2003 7:42 AMT
RE: medical vendors as Business Associates
Doug, Does your facility do medical device implants? If so, do you know what the official position is of your facility on this? Thanks. Regards, David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools 612-237-1966 -Original Message- From: Doug Webb [mailto:[EMAIL PROTECTED]] Sent: Wednesday, February 26, 2003 11:29 AM To: WEDI SNIP Privacy Workgroup List Subject: Re: medical vendors as Business Associates Vicki, I believe that in this case the vendor would a Healthcare Providerparticipating in Treatment.They would not be a BA. They would be a CE if they used any of the standard electronic transactions. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. Webb Computer System Engineer Little Company of Mary Hospital Health Care Centers [EMAIL PROTECTED] This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you. - Original Message - From: Vicki Schaff To: Doug Webb Sent: Wednesday, February 26, 2003 10:53 AM Subject: Re: medical vendors as Business Associates Consider the vendor who supplies anew medical deviceto ahealthcare facility (CE)and the vendorprovides instruction to a surgeon (CE)during implantation of the device. The vendor has access to PHI.One legal opinion has stated that thevendor is a BA of the healthcare facility. Your Comments. - Original Message - From: Doug Webb To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 9:29 AM Subject: Re: medical vendors as Business Associates Jill, I agree with Dan. The critical question is do you do anything on behalf of a Covered Entity that involves PHI? If this answer is No, you do not need a BAA. Providing devices to non-patients isolates you from PHI. Providing devices to patients is acting on behalf of yourself (I assume you make a profit on the deal, or you wouldn't be in business), not a service to the Covered Entity. If you also bill insurance carriers electronically, you may be a Covered Entity (providing Treatment). As Dan said, it would be extremely rare that a vendor of this type would be in a Business Associate relationship with a Covered Entity. If it operates in some other role in addition to being a DME vendor, that role must be considered independantly. . The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. Webb Computer System Engineer Little Company of Mary Hospital Health Care Centers [EMAIL PROTECTED] This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you. - Original Message - From: Dan Kelsey To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 08:32 AM Subject: RE: medical vendors as Business Associates I think your decision would have to be very fact based. For example, if a wheelchair company sells 50 wheelchairs to a hospital, then they would not be a BA of the hospital. However, if the hospital rehab unit orders a custom fit wheelchair that involves disclosure of the patient's limitations, physical build, etc., then chances are a BA relationship does not exist either. I say chances are because treatment by a health care provider is exempt from the BA definition and a BAA is not required. The key issue is if the medical vendor meets the definition of a health care provider - there is a mention in HIPAA for the Federal definition, and it is fairly all encompassing. Generally speaking, I do not think the majority of these vendors would be business associates. Hope this helps, Dan Kelsey Practice Advisor Indiana State Medical Association 800-257-4762 (317) 261-2060 (317) 261-2076 - fax -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Wednesday, February 26, 2003 7:42 AM To: WEDI SNIP Privacy Workgroup List Subject: medical vendors as Business Associates
RE: medical vendors as Business Associates
Doug, This discussion has appeared on other healthcare listservs and there seems to be a strong leaning towards having medical device manufacture reps be considered part of TPO. It brings up an interesting liability issue as well as a patient consent issue for reps being in the OR. Regards, David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools www.gefeg.com 612-237-1966 -Original Message- From: Doug Webb [mailto:[EMAIL PROTECTED]] Sent: Wednesday, February 26, 2003 2:53 PM To: David Frenkel; WEDI SNIP Privacy Workgroup List Subject: Re: medical vendors as Business Associates David, They do, but I'm not directly involved, so I don't know the answer to your question. Jim Hewitt did bring up an interesting point that these vendors may also be hardware/software support people. In that role, I would think that a BAA would be appropriate to state that they would protect PHI they contact while maintaining the equipment. I had been thinking just of their role as a supplier of the equipment. Whew! Covering all bases is tough!. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. Webb Computer System Engineer Little Company of Mary Hospital Health Care Centers [EMAIL PROTECTED] This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you. - Original Message - From: David Frenkel To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 02:10 PM Subject: RE: medical vendors as Business Associates Doug, Does your facility do medical device implants? If so, do you know what the official position is of your facility on this? Thanks. Regards, David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools 612-237-1966 -Original Message- From: Doug Webb [mailto:[EMAIL PROTECTED] Sent: Wednesday, February 26, 2003 11:29 AM To: WEDI SNIP Privacy Workgroup List Subject: Re: medical vendors as Business Associates Vicki, I believe that in this case the vendor would a Healthcare Providerparticipating in Treatment.They would not be a BA. They would be a CE if they used any of the standard electronic transactions. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. Webb Computer System Engineer Little Company of Mary Hospital Health Care Centers [EMAIL PROTECTED] This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you. - Original Message - From: Vicki Schaff To: Doug Webb Sent: Wednesday, February 26, 2003 10:53 AM Subject: Re: medical vendors as Business Associates Consider the vendor who supplies anew medical deviceto ahealthcare facility (CE)and the vendorprovides instruction to a surgeon (CE)during implantation of the device. The vendor has access to PHI.One legal opinion has stated that thevendor is a BA of the healthcare facility. Your Comments. - Original Message - From: Doug Webb To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 9:29 AM Subject: Re: medical vendors as Business Associates Jill, I agree with Dan. The critical question is do you do anything on behalf of a Covered Entity that involves PHI? If this answer is No, you do not need a BAA. Providing devices to non-patients isolates you from PHI. Providing devices to patients is acting on behalf of yourself (I assume you make a profit on the deal, or you wouldn't be in business), not a service to the Covered Entity. If you also bill insurance carriers electronically, you may be a Covered Entity (providing Treatment). As Dan said, it would be extremely rare that a vendor of this type would be in a Business Associate relationship with a Covered Entity. If it operates in some other role in addition to being a DME vendor, that role must be considered independantly. . The opinions
Re: medical vendors as Business Associates
Craig, That would be my understanding. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Craig Moen To: 'Doug Webb' Sent: Wednesday, February 26, 2003 03:28 PM Subject: RE: medical vendors as Business Associates Doug- I want to make sure I am understanding. We are a home health agency that provides therapy services. Our therapists interact with DME providers, andorthotists and obviously share PHI. Since these are outside services not provided by us, the DME providers, and orthotist independently bill the appropriate insurance company. They would then also be CE's and then we would be able to share info with them without a BAA because information can be shared between CE's as a part of treatment. Correct? Thanks for your input Craig Moen Director of Rehabilitation THERAPY 2000 Dallas, TX --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: medical vendors as Business Associates
It's more likelythis activity/role falls under a DME provider activity and thus may make this function/role a provider type. If they then seek reimbursement from a payer/health plan, this constitutes acting as a provider, doesn't it? I'm aware of at least one major orthopaedic mfgr that has already determined its activity in directly providing to the patient their DME classified products and for which they then submit a claim for reimbursement makes this activity/role a covered entity. Rachel Foerster CEO PresidentRachel Foerster Associates, Ltd. Professionals in Health Care EDI, Privacy Security39432 North Avenue Beach Park, IL 60099 Voice: 847-872-8070 Fax: 847-872-6860 eMail: [EMAIL PROTECTED] http://www.rfa-edi.com ## This transmission may be confidential or protected from disclosure and is only for review and use by the intended recipient. Access by anyone else is unauthorized. Any unauthorized reader is hereby notified that any review, use, dissemination, disclosure or copying of this information, or any act or omission taken in reliance on it, is prohibited and may be unlawful. If you received this transmission in error, please notify the sender immediately. Thank you -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]Sent: Wednesday, February 26, 2003 6:42 AMTo: WEDI SNIP Privacy Workgroup ListSubject: medical vendors as Business AssociatesAre medical vendors that supply products like prosthesis, wheelchairs, etc., considered BA? I have been researching this and can't seem to come up with clear answer...Thanks in advanceJill Rubin, Esq.(617)388-2404[EMAIL PROTECTED] ---The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org