Yes, thanks, I am familiar with that: 164.504(e)(2)(ii)(D) "Ensure that any agents, including a subcontractor, to whom it provides protected health information received from, or created or received by the business associate on behalf of, the covered entity agrees to the same restrictions and conditions that apply to the business associate with respect to such information; "
Just my opinion: I don't see where this requires a BA to have another "Business Associate Agreement" with their subcontractors. I agree that there needs to be an agreement and assurances (as I mentioned in my prior post), just as the business associate has with the covered entity, however, I have not intepreted it as being a 'second tier business associates' agreement. Very interesting. Thanks, Brenda Oops - my apologies - little typo - 45 CFR Section 164.504(e)(2)(ii)(D) > - need stronger reading glasses. > > Leslie Bender > > > -----Original Message----- > From: Leslie C Bender [mailto:[EMAIL PROTECTED] > Sent: Wednesday, March 19, 2003 2:31 PM > To: '[EMAIL PROTECTED]' > Cc: '[EMAIL PROTECTED]' > Subject: RE: Billing Services with Contractors > > See 45 CFR Section 164.504(e)(2)(i)(D). There is also language to this > effect in the OCR's "Model" BA document. > > Leslie Bender > > > -----Original Message----- > From: Brenda K. Burton [mailto:[EMAIL PROTECTED] > Sent: Wednesday, March 19, 2003 2:09 PM > To: [EMAIL PROTECTED] > Cc: [EMAIL PROTECTED] > Subject: RE: Billing Services with Contractors > > > Leslie - > > So if my billing company did not consider itself a clearinghouse (thus a > CE); and we were only a BA, then anybody we subcontracted to would > require us to have a BA as well, (e.g. 'second tier business > associates')? I have not seen/been told that before. Please indicate > where that is stated in the regs. I appreciate your input and education! > > Thanks, > Brenda > > > Daniel: > > > > Not all billing services are "business associates" only. If your > > billing service performs any "translations" of standard to nonstandard > > data elements in connection with any of the standard transactions > (e.g., > > if you receive any print images of non standard itemized bills your > > provider clients have sent and key them into an 837 for re-billing or > > for billing to an insurer you now have discovered) your billing > service > > may meet the HIPAA definition of a "clearinghouse" and thus you would > be > > both a business associate and a covered entity. > > > > If you have any vendors with whom you use/exchange PHI on behalf of > your > > provider clients, they would likely be second tier business associates > > and yes you would need to have them execute BA agreements with you at > > least as stringent as those you sign with your provider clients. For > > example, if you forward accounts from patients residing in other > states > > to billing companies in those states, you would need a BA agreement > with > > the billing services to whom you forward the accounts. > > > > ACA International, a non profit trade association for, among others, > > billing and health care collection agencies has extensive educational > > materials and an upcoming program applying HIPAA to billing services > and > > health care collection agencies. They have some upcoming educational > > programs that may interest you and your counsel. > > > > Hope this helps. > > > > Leslie C. Bender > > ROI WebEd Company > > > > -----Original Message----- > > From: Daniel E. McDonald [mailto:[EMAIL PROTECTED] > > Sent: Wednesday, March 19, 2003 12:59 PM > > To: WEDI SNIP Privacy Workgroup List > > Subject: Billing Services with Contractors > > > > I wanted to get input regarding Billing Services that use contractors > to > > perform certain services. My understanding is the Billing Service is > > considered a Business Associate and not a covered entity. If that is > > true, would the contractors working for a billing service be Business > > Associates of a Business Associate and would they sign a similair BA > > agreement as the billing service did but between them and the billing > > service?? > > I look forward to everyone's intepretation as even our attorney is a > bit > > confused. > > > > > > This e-mail, and any attachments thereto, is intended only for use by > > the addressee(s) named herein and may contain legally privileged > and/or > > confidential information. 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