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-----Are 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...
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
Thanks in advance
Jill Rubin, Esq.
(617)388-2404
[EMAIL PROTECTED] ---
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