Wouldn't disposal come under operations? We have a vendor who picks us
locked bins of documents to be shredded. We have had them sign a Business
Associate Agreement (we are also Business Associates.) I would not think
there would be a need for accounting for these pick ups to be logged as
disclosures.
Joanne
Marquez
Senior Director
Beech Street
Corporation
Account Services
(949)
672-1519
-----Original Message-----
From: Jason Brege [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 11, 2003 7:32 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: Tracking Disclosures by Business AssociatesI'm not entirely sure who "you" is in your question, but I assumed that you are asking about business associates disclosing to business associates, so here's a stab at an answer. It might also apply if you're asking about CE disclosures to transcription/disposal agencies.I believe a business associate would have to account for those disclosures to other business associates where the disclosure is not for treatment, payment, or healthcare operations purposes. Given our nature as a collection agency, most (if not all) of our disclosures are exempt from accounting because they are for payment purposes. If we had a transcription service, it could possibly need accounting, but I think that could be absorbed under payment purposes. It would depend on what type of service they are providing. The disposal agency is not TPO as far as I can determine, but if you're having them shred the information onsite, trained as a member of your workforce, it becomes a use rather than a disclosure. The only information taken offsite is shredded paper which formerly contained PHI. Thus nothing would be accounted for in the case of the disposal agency working onsite. Offsite, I think it would need further investigation. If we were a BA that had the practice of disclosing information to public health authorities or other organizations, then we would definitely have to account for those. I think the best assessment is to determine whether the BA is disclosing for TPO purposes or otherwise, and then direct them to account for the non-TPO disclosures that would be accounted for if done directly by the Covered Entity.Thanks,Jason BregeClinton A. Harkins, P.C.--------Original Message-----By the same token, for the patient accounting, would you have to include disclosures you make to business associates like transcription agencies and disposal agencies? They would come up very often...
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 11, 2003 9:44 AM
To: [EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject: Re: Tracking Disclosures by Business Associates
Jill Rubin, Esq.
(617)388-2404
[EMAIL PROTECTED]
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