Is the JCAHO considered a health oversight agency that we can disclose information to without authorization?
HIPAA Weekly Advisor, October 3, 2005
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No. The definition of health oversight agency does not include private organizations, such as private-sector accrediting groups. Accreditation organizations perform healthcare operations on behalf of health plans and covered healthcare providers. Accordingly, in order to obtain PHI without individuals' authorizations, accrediting groups must enter into business associate agreements with health plans and providers for these purposes. Similarly, private entities, such as coding committees, that help government agencies make coding and payment decisions are performing healthcare payment functions on behalf the government agencies and, therefore, must enter into business associate agreements in order to receive PHI from the covered entity.
For more information see Section 164.501 Definitions: Health Oversight Agency of the Bricker & Eckler Web site.
Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.
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