Furthermore, it is not up to the vendor to make a covered entity meet the requirements of section 164.504. Are vendors "helping" covered entities with sections 164.506 - 164.530? Only if you are paying them and here again, it is still the CE that will suffer the consequences.
But to the original question by Fairley, what are covered entities going to do when GE or JCAHO says "Sign mine or quit sharing information with me"? Leslie -----Original Message----- From: Bentz-Miller, Judith [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 10:13 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: who holds the power? I strongly agree also. If there is no BAA in place, or not a well written one in place, it is the CE who will be audited and suffer the consequences under HIPAA and the OCR. we will also suffer the consequences in the press if one of our vendors has a huge faux-pas with PHI that the CE has given them without a BA in place. The CE will be held accountable. -----Original Message----- From: Ribelin, Donald [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 10:06 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: who holds the power? I strongly agree with Leslie. Donald L. Ribelin HIPAA Project Manager Firsthealth of the Carolinas (910) 215-2668 [EMAIL PROTECTED] -----Original Message----- From: Harpe, Leslie [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 9:44 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: who holds the power? Look at section 164.504 (e)(2)(i) Establish the permitted and required uses and disclosures of such information by the business associate..... Vendors are not required by law to have a BAA, you as a provider are. I think the agreement should come from the entity that is responsible for the patient information. Leslie Harpe -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 7:50 AM To: WEDI SNIP Privacy Workgroup List Subject: who holds the power? I understand the desire of a vendor not to sort through hundreds of BAA's from different CEs but I also know that the CE does not want to deal with hundreds of different BAA's from different BAs either. So, is it simply a matter of who blinks first? That is, if the CE insists you sign my agreement but the BA refuses, then must the CE sever their relationship with the BA? Or vice versa? It seems like we have stubborn CEs that only want their BAA signed and we have stubborn BAs that only want their BAA signed. So what happens when the two shall meet?? Does the rule state who has the upper hand here or does it simply state, "Work it out or find a different partner" As a small provider (20 physician office), do we just roll over an accept what the big vendor wants? It seems like we have to accept their BAA if no competition exists or if we do not want the hassle of finding a different BA. I think I got this right. I just wanted confirmation that we must accept the BA's version of the BAA when they present it as a "take it or leave it" proposition since we do not have the resources to look for a different BA (in many circumstances). --- 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 --- 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 --- 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
