Re: medical vendors as Business Associates

[Doug Webb]

David, I would also tend to lean that way.  Could we get a definitive answer "From Above"?   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 ----- From: David Frenkel To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 02:55 PM Subject: RE: medical vendors as Business Associates Doug, This discussion has appeared on other healthcare listservs and there seems to be a strong leaning towards having medical device manufacture reps be considered part of TPO.   It brings up an interesting liability issue as well as a patient consent issue for reps being in the OR.   Regards,   David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools www.gefeg.com 612-237-1966 -----Original Message----- From: Doug Webb [mailto:[EMAIL PROTECTED]] Sent: Wednesday, February 26, 2003 2:53 PM To: David Frenkel; WEDI SNIP Privacy Workgroup List Subject: Re: medical vendors as Business Associates   David, They do, but I'm not directly involved, so I don't know the answer to your question.   Jim Hewitt did bring up an interesting point that these vendors may also be hardware/software support people.  In that role, I would think that a BAA would be appropriate to state that they would protect PHI they contact while maintaining the equipment.   I had been thinking just of their role as a supplier of the equipment. Whew! Covering all bases is tough!.   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 ----- From: David Frenkel To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, February 26, 2003 02:10 PM Subject: RE: medical vendors as Business Associates   Doug, Does your facility do medical device implants?  If so, do you know what the official position is of your facility on this?  Thanks.   Regards,   David Frenkel Business Development GEFEG USA Global Leader in Ecommerce Tools 612-237-1966 -----Original Message----- From: Doug Webb [mailto:[EMAIL PROTECTED] Sent: Wednesday, February 26, 2003 11:29 AM To: WEDI SNIP Privacy Workgroup List Subject: Re: medical vendors as Business Associates   Vicki, I believe that in this case the vendor would a Healthcare Provider participating in Treatment. They would not be a BA.  They would be a CE if they used any of the standard electronic transactions.   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 ----- From: Vicki Schaff To: Doug Webb Sent: Wednesday, February 26, 2003 10:53 AM Subject: Re: medical vendors as Business Associates   Consider the vendor who supplies a new medical device to a healthcare facility (CE) and the vendor provides instruction to a surgeon (CE) during implantation of the device.  The vendor has access to PHI.    One legal opinion has stated that the vendor is a BA of the healthcare facility.  Your Comments.  ----- Original Message ----- From: Doug Webb To: WEDI SNIP Privacy Workgroup List 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 ----- From: Dan Kelsey To: WEDI SNIP Privacy Workgroup List 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 -----Original Message----- 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 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 [EMAIL PROTECTED] --- --- 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. 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