RE: BA v Trading Partner Agreements

[Beth . Kranda]

Title: RE: BA v Trading Partner Agreements

I do disagree with the below

 

The TPA is a document used to establish EDI relationships.  Those relationships are not always between covered entities and are not always HIPAA impacted.

A BAA is a document between a CE and another company that provides a service on its behalf using PHI.  This second party may be a CE also.  This is explicit is the regulation.

 

Using the question of CE or not is a dangerous way to define whether you need either of these agreements.  Use the business relationship to determine.

 

Here is a HIPAA relevant example:

Assume I am a Health Plan and I have a relationship with 2 different healthcare clearing houses (HCH-A and HCH-B).

HCH-A works for me, does data conversion into the X12 for me, they are my business associate and also a trading partner.

HCH-B works for a provider.  They want to send me files and receive files from me, but on behalf of the provider.  They perform no function for me.  In that case, I would use a TPA only and not a BAA.

 

It is also worth noting that a TPA is not required by HIPAA.  This is a business issue.  If you choose to have a TPA, however, it must follow the guidelines presented in the Transaction Rule.

 

BK

-----Original Message-----
From: Clay, Roy III (NO) [mailto:[EMAIL PROTECTED]
Sent: Thursday, March 20, 2003 2:49 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: BA v Trading Partner Agreements

Trading partner agreements are used between covered entities (usually a health care and an insurance plan or a clearinghouse) to govern the exchange of covered transactions. A business associate agreement is between a covered entity (like a health care provider) and a non-covered entity (like a computer services company) which is providing a service which requires that the non-covered entity receive protected health information in order to perform the service.

Roy G. Clay, III
Interim Compliance Officer
Louisiana State University Health Sciences Center - New Orleans
Phone: (504) 568-2350
Fax:      (504) 568-2346
Email: [EMAIL PROTECTED]
CONFIDENTIAL AND PRIVILEGED
This message and any attachments are privileged information. If you are not the intended recipient and have received this message in error, please inform the sender and delete the contents without opening, copying, distributing or forwarding.

-----Original Message-----
From: Jonathan May [mailto:[EMAIL PROTECTED]]
Sent: Thursday, March 20, 2003 12:44 PM
To: WEDI SNIP Privacy Workgroup List
Subject: BA v Trading Partner Agreements

Can anyone offer a simple clarification of the difference between and when
to use a Business Associate Agreement and a Trading Partner Agreement?

Many thanks.

_________________________________________________________________
STOP MORE SPAM with the new MSN 8 and get 2 months FREE* 
http://join.msn.com/?page=features/junkmail

---
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

---
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