© 2020 molitrato

When Is A Business Associate Agreement Not Required

The matching relationship does not describe all relationships between covered entities and other individuals or organizations. While we prohibit the use or disclosure of protected health information for many purposes, matching contracts or other agreements are only required in cases where the entity concerned transmits information to someone or an organization that will use the information on behalf of the entity seized, when the other person produces or receives protected health information on behalf of the entity seized. , or where the counterparty provides the services declared to the entity concerned and the provision of these services involves the disclosure by the entity concerned of protected health information to the counterparty. Yes, for example. B, a health care provider transmits protected health information to health plans for payment purposes, and no matching relationship is established. Although the covered provider has entered into an agreement to accept reduced fees as a refund for services offered to health plan members, neither company acts on behalf of the company or provides a service to the other. In the final rule, we organize a list of examples of functions or activities that can be carried out by business partners. We place a portion of the proposed list in the part of the definition that is addressed when a person provides functions or activities for or on behalf of a covered business. We will cap other parts of the list in the part of the definition that indicates the services that lead to a business relationship, as explained above. We have also expanded the examples to provide additional instructions and answer questions from commentators.

However, in some cases, it is not so clear when a counterparty agreement is needed or not. For example, a covered company that is already required to comply with HIPAA may act as a counterparty for another covered entity and must therefore enter into a counterparty agreement. This is common practice when a covered company provides administrative services to another provider. As a result, medical directors are often considered business partners because of the provision of non-treatment-related services, including the administrative and administrative services of the medical director.