Perhaps look at this upside down. If you were the elderly person and participated in the program only to find out that your PHI had been disclosed, likely you would go after the pharmacist first but also the group that facilitated this program since they were the ones to select this pharmacist and put you in their confidence.
I do not see the role of 'payer' here at all. It seems more like a provider oriented 'HMO' service (your organization is the CE) and a rendering provider (the pharmacist under your contract). The professional service is purchased by your organization and therefore a BAA with that pharmacist seems to be in order. ...my opinion... -----Original Message----- From: Kristen Emerson [mailto:[EMAIL PROTECTED] Sent: Monday, February 24, 2003 1:30 PM To: WEDI SNIP Privacy Workgroup List Subject: BA Agreement My agency is entering into a contract with a pharmacist to provide free "brown bag checks" for elderly citizens. These "brown bag checks" consist of an elderly citizen bringing all the prescription drugs that they are taking to the pharmacist and receiving counseling on medication management by the pharmacist. We sponsor a booth at health fairs where this service is offered free of charge to the elderly. We are contracting with this one pharmacist to provide these "brown bag checks" for us at the health fairs. Do we need a BA with this pharmacist or not? My feeling is that he is providing the service to the clients and we are just the payer therefore he is not utilizing PHI to provide a service on our behalf, but I keep getting stuck on BA's. This area of HIPAA is the hardest one for me to nail down and understand. 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: [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
