RE: More questions on Business Associate

[Deborah Campbell]

Matt, What information from the regs, preamble, or CMS/HHS guidance are you using to make that assumption? This goes against the very definition of Business Associate. 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] ******************************************* The information in this email is confidential and may be legally privileged.  It is intended solely for the addressee.  Access to this email by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. ********************************************************************* -----Original Message----- From: Matthew Rosenblum [mailto:[EMAIL PROTECTED]] Sent: Friday, January 10, 2003 9:42 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: More questions on Business Associate It is my understanding that NO business associate agreement is needed between a provider and a clearinghouse 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 healthplan's clearinghouse for whatever purpose (on behalf of the healthplan), 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 http://www.CPIdirections.com   CPI Directions, Inc. 10 West 15th Street, Suite 1922 New York, NY 10011   (212) 675-6367 [EMAIL PROTECTED]   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.   AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del individuo o la entidad a la cual se dirige y puede contener informaci�n privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si usted ha recibido esta comunicaci�n por error, por favor no lo distribuya.  Favor notificar al remitente del E-Mail a la direcci�n mostrada y elimine el mensaje original. Gracias.     --- 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: archive@mail-archive.com 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