HIPAA Update blog question: To amend or not to amend? That is the question
HIPAA Weekly Advisor, September 13, 2010
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Check out this post from one of your colleagues on HIPAA Update:
Like so many others, I’m confused. Our company is a durable medical equipment provider with hundreds of referral sources and stock and bill accounts. I’m looking for guidance as to whether we need to amend all these contracts, but the language that HITECH Act section 13408 regarding business associates points to in HIPAA is conflicting.
Though HIPAA reg 164.502 (e)(2) states that a covered entity must document that the BA [business associate] agrees to appropriately safeguard PHI through a written agreement or contract, section 164.502(e)1(ii)A of the HIPAA regulation says this standard does not apply “with respect to disclosures by a covered entity to a health care provider concerning the treatment of the individual.”
Does this imply that a BA agreement is not needed in this instance? And if so, wouldn’t that be counterintuitive to the direct objectives of the Act (to safeguard ePHI…)?
Surely, I must be missing something. Our company is currently in the process of amending all of these agreements, just to be on the safe side; however, I’m curious as to how other companies are interpreting their new contractual obligations with BAs.
Respond to the post on HIPAA Update.
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