The rule actually says (164.506(c0(2)&(3)) "A covered entity may disclose PHI for treatment activities of a health care provider." and "A covered enity may disclose PHI to another covered entity or a health care provider for the payment activities of the entity that receives the information." It does not say the health care provider has to also be a covered entity to receive PHI for these purposes.
I believe this was stated this way to be able to share PHI with health care providers that are not considered covered entities for treatment and payment purposes. (i.e. providers that are not using electronic transactions)
In addition, I do not believe your organization need to receive any type of certification that shows the provider is complying with HIPAA. If your organization has appropriately disclosed the information, there shouldn't be any liability on your organization if the entity you disclosed it to inappropriately uses or discloses it.
Of course this is just my opinion.
Traci Jensen, CHC
Compliance Programs Manager/HIPAA Project Manager
Health Alliance Medical Plans, Inc.
-----Original Message-----
From: Kristen Emerson [mailto:[EMAIL PROTECTED]]
Sent: Thursday, February 13, 2003 12:21 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Covered Entity Status
If Provider "A" shares PHI with Provider "B" for one of their clients for
treatment purposes, does Provider "A" need some sort of certification that
shows Provider "B" has designated itself a covered entity under HIPAA. In
other words before you share PHI with other health care providers for
treatment purposes should you have some sort of documentation that they are
abiding by HIPAA as they should be and just not ignoring it and hoping it
will go away. I know the rule states that CE's can share PHI with other
CE's for treatment purposes, but do you just take for granted that the
provider has done its due diligence and is HIPAA compliant.
This is probably a very simple question, but I would appreciate any input.
Thanks in advance,
Kristen Emerson
Management Analyst/HIPAA Compliance Officer
Mid-Florida Area Agency on Aging
---
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
