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Dawn,
This looks like a lot of "CYA" BAA contracts being sent
unnecessarily. The logic seems to be send them to everybody, and see who
signs them.
Don't forget that the CE is the one who is responsible to
ensure that the proper BAAs are in place. Since a contract is signed by
both sides, it doesn't matter who drafts the text. A BA who drafts the BAA
text is trying to increase the likelyhood that their version is the one that is
signed. Don't sign anything until your lawyer checks it out!
The opinions expressed here are my own and not necessarily the opinion of
LCMH.
Douglas M. Webb Computer System Engineer Little Company of Mary
Hospital & Health Care Centers [EMAIL PROTECTED]
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----- Original Message -----
Sent: Wednesday, February 26, 2003 09:37
AM
Subject: Re: medical vendors as Business
Associates
I tried to explain this to
a vendor that sent us (CE) their BA (non-CE) as a favor to us....They said we
were being liberal in our interpretation and that they were being
"conservative"...they did not even request that we sign it...go
figure.
----- Original Message -----
Sent: Wednesday, February 26, 2003 9:29
AM
Subject: Re: medical vendors as
Business Associates
Jill,
I agree with Dan.
The critical question is do you do anything on behalf of a
Covered Entity that involves PHI? If this answer is "No", you do not
need a BAA.
Providing devices to non-patients isolates you from
PHI.
Providing devices to patients is acting on behalf of
yourself (I assume you make a profit on the deal, or you wouldn't be in
business), not a service to the Covered Entity. If you also bill
insurance carriers electronically, you may be a Covered Entity (providing
Treatment).
As Dan said, it would be extremely rare that a vendor of
this type would be in a Business Associate relationship with a Covered
Entity.
If it operates in some other role in addition to being a
DME vendor, that role must be considered independantly.
.
The opinions expressed here are my own and not necessarily the opinion
of LCMH.
Douglas M. Webb Computer System Engineer Little Company of Mary
Hospital & Health Care Centers [EMAIL PROTECTED]
"This electronic message may contain information that is confidential
and/or legally privileged. It is intended only for the use of the
individual(s) and entity(s) named as recipients in the message. If you
are not an intended recipient of the message, please notify the sender
immediately, delete the material from any computer, do not deliver,
distribute, or copy this message, and do not disclose its contents or take
action in reliance on the information it contains. Thank you."
----- Original Message -----
Sent: Wednesday, February 26, 2003
08:32 AM
Subject: RE: medical vendors as
Business Associates
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
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...
Thanks in advance
Jill Rubin,
Esq.
(617)388-2404
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