But they must translate standard to non-standard or non-standard to
standard transactions.  This is the definition of a clearinghouse in HIPAA.
You must read further in the definition.  The re-pricer is not a
clearinghouse if it does neither of these.

Thank you,


Terry Christensen


[ IS Administration Simplification EDI


Telelphone: (402)351-6370


Fax: (402)351-8025


e-mail: [EMAIL PROTECTED]


                                                                                       
                   
                                                                                       
                   
                                                                                       
                   
                      "Kurt Hartmann"                                                  
                   
                      <kurt.hartmann@ac        To:       [EMAIL PROTECTED]         
                   
                      s-inc.com>               cc:                                     
                   
                                               Subject:  RE: TPA question              
                   
                      10/17/2002 08:04                                                 
                   
                      AM                                                               
                   
                      Please respond to                                                
                   
                      transactions                                                     
                   
                                                                                       
                   
                                                                                       
                   








This whole issue is defined in the Federal Register as I cut & pasted
below.  The final rule states that repricing companies are considered
covered entities under the category of Clearinghouse.  Therefore, a Covered
Entity, the re-pricer, must be HIPAA compliant with the Transaction Rule
and the Privacy Rule.


Under the TC rule, they must be able to accept standard formats and create
standard formats.  Under the Privacy rule, they are subject to the Privacy
Rule (fines and penalties as well) being a Covered Entity.


There are some situations where this would not apply, but in this
situation, they get th einfo from the provider and send it to the payer,
they are defined as a Clearinghouse and must follow all aspects of the
rules.


50366 Federal Register / Vol. 65,


"Health care clearinghouse means a public or private entity that does
either of the following (Entities, including but not limited to, billing
services, repricing companies, community health management information
systems or community health information systems, and ''value-added''
networks and ..."


Hope this helps a little.

Thanks - Kurt

(410) 668-1592
[EMAIL PROTECTED]



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 -----Original Message-----
 From: Marcallee Jackson [mailto:marcallee@;msn.com]
 Sent: Wednesday, October 16, 2002 8:11 PM
 To: [EMAIL PROTECTED]
 Subject: RE: TPA question





 Whether or not the TPA must be able to accept the standard, depends on
 whether or not the health plan has claims routed directly from the
 provider to the TPA or sends the TPA the claims themselves.  If the TPA is
 receiving claims directly from the provider on behalf of the health plan,
 the TPA must implement the standard and, when exchanging transactions
 directly with the provider, accept only the standard for that transaction.
 If the TPA accepts non-standard transactions directly from the provider on
 behalf of the health plan, then the health plan is in violation of the
 final rule.

       -----Original Message-----
       From: James Kelly [mailto:JKelly@;tpacomputer.com]
       Sent: Wednesday, October 16, 2002 1:52 PM
       To: [EMAIL PROTECTED]
       Subject: Re: TPA question

       Tamara,

       Re-pricers are not covered entities under the law.  They are your
       business associates however.  And as such, you will have to
       contractually make them live up to the privacy and security
       provisions.

       In addition, since the 837 is defined in the law as a request from a
       provider to a health plan for payment (or encounter reporting), this
       also makes the TPA (re-pricer) not required, per HIPAA,  to accept
       an 837.  That being said, you can always switch to a different
       re-pricing company who is more with the program!

       Hope this helps.

       Jim Kelly
       TPA Computer Corp.


       ----- Original Message -----
        From: Havenhill-Jacobs, Tamara
        To: [EMAIL PROTECTED]
        Sent: Wednesday, October 16, 2002 4:43 PM
        Subject: TPA question


        Are TPA's who reprice claims for insurance companies required to
        accept the standard 837 per HIPAA guidelines?
        Basically, we have a few third party administrators who believe
        they are exempt - and in so, require and will continue to require,
        additional data elements when claims are sent for re-pricing AND
        they do not believe they would be regarded as Business Associates.
        Any feedback?

        Tamara Havenhill-Jacobs
        HIPAA Project Lead
        Exempla Healthcare
        303-837-6737
        email:  [EMAIL PROTECTED]




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