Re: business associate - yes or no?

[Woosleew]

Wendy,

If this contractor was just running tests for you, I would say a BAA is in order.  Since the contractor is a provider, is running diagnostic tests, is interpreting those tests, and sending you (the referring agent) the results and recommendations, I would say they are engaging in treatment, and no BAA is required.

The fact that you pay the other provider is, I believe, just a detractor from the opinion that they are providing treatment.  Whether you pass the charges on or not is incidental, in that one way or another they are built in to your margin.

This sounds like a referral to another specialty service for Dx and referral back for treatment.  Like that of a radiologist or pathologist with an indirect treatment relationship, and working on contract.

The information above is my opinion only, and not that of my clients.  It is for discussion and not meant as advice for HIPAA compliance.

Errick Woosley, MPA
E Woosley & Assoc
(513) 218-7436 ---
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