Contracts & Business Associate agreements

[mbloom]

Since business associate is defined by HIPAA- os there just a downloadable agreement I can use?

I noticed you said do not download a billing contract and seek an attorney. I am a little nervous about the expense of having an attorney to write on for me? This is my first client. Any suggestions? I tried to write one myself - but it is only 2 pages. I also noticed you said a good one is 7-15 pages minimum...EEEK!

[RichardP]

This Q & A Forum is affiliated with a site that sells information to help new billers get started and established billers refine their practice.  Note the link at the top center to right of this page.

Here is what they are selling for how to write a Contract.

http://www.medicalbillinglive.com/medical-billing-service-contract.shtml

This Forum does not push their products into your face, but they will let you know from time to time that the products are available - in case you want to make use of them.

Any contract you have needs to cover the contingencies of your unique situation.  If you are just starting out and/or have few clients, you will maybe think that you don't need an in-depth contract.  The point is, you don't need a contract at all - until you need it.  Since you don't know when that will be, it is best to have one from the beginning.  And it is best to have a contract that does a good job of covering all contingencies you are likely to face.  Boilerplate contracts from the Internet will not give you that kind of contract, but they are a good place to start in figuring out what situations you might face that you hadn't thought of.  Either buy the book I linked to above, or look at a variety of contracts from the Internet.  In either situation, it is best to adopt and adapt what you read to your unique situation, and then have a health care attorney look it over to see that it appropriately covers the issues that are unique to your state.  Doing it this way will be much less expensive than simply going to an attorney and asking them to create a contract for you from scratch.

This advice goes for the Business Associate Agreement as well as the Billing Contract.

[mbloom]

Thanks RichardP!!!!

[PMRNC]

I too would reccomend the book but I would also add NOT TO DOWNLOAD OR LOOK AT SAMPLE CONTRACTS.  I would also recommend an attorney review your contract.  Right off the bat I can tell you that in my experience if your contract is LESS than 5 pages, it's not enough at all.  MANY MANY of us have learned the hard way how important it is to do this part of your business by yourself with good resources to guide you but for goodness sakes please stay away from the sample contracts.

Your BAA can indeed be completed as a template, however HAVING your BAA is a formality, you cannot be HIPAA compliant if you don't know HIPAA inside and out. You must BE fully compliant to give your clients a BAA so if your just going to download it, throw your name on it and sign it, it will NOT be enough to protect you and could potentially ruin you before you start.  Many think they can just download their BAA and even compliance manuals and add their names and they are set, so not true which is why I say to stay away from other people's work, that's their work and the best way to learn is to actually work on it yourself, indeed have an attorney review it.  There are some decent pre-paid legal firms out there now that I wouldn't have recommended a few years back but now they are being used more frequently and there are some good ones. Spend the added money and protect your business

[RichardP]

... it is best to have a contract that does a good job of covering all contingencies you are likely to face.  Boilerplate contracts from the Internet will not give you that kind of contract, but they are a good place to start in figuring out what situations you might face that you hadn't thought of.

I made that suggestion to a newbie who does not know which end is up and does not know where to start.  If they have the money to buy the contract book, then perhaps they don't need to look at boilerplate contracts from the Internet.  But if they don't have the funds, or simply choose to not purchase the book, and if they don't know where to start in putting a contract together, how is it useful to simply tell them the best way to learn is to actually work on it yourself.?  They may have all the willingness in the world to work on it themselves.  But if they are brand new, and don't know where to start, how can they work on it themselves.  Looking at other contracts can at least let them know what categories of issues they should be considering.  My advice to do that if needed, then tweak the categories for their own unique situation, and then run it past a health-care lawyer at least gives them a place to start - along with the suggestion that it is not a good idea to just sign their name to whatever they find on the Internet.

I agree with Linda that no one should simply sign their name to boilerplate stuff they find on the Internet.  But I do not agree with Linda that a newbie should not look at boilerplate for ideas about what issues they need to consider when customizing a contract for their own situation.

[PMRNC]

I agree with Linda that no one should simply sign their name to boilerplate stuff they find on the Internet.  But I do not agree with Linda that a newbie should not look at boilerplate for ideas about what issues they need to consider when customizing a contract for their own situation.

If I were NOT in a teaching position with NOTHING to lose and did NOT care about the people getting into this business I would send them a sample 3 page contract myself.  Richard, YOU know it and I know it, they don't LOOK at the contracts for ideas, they download, slap their name on it to save a few bucks and that is how MANY of us learned the hard way, so I do NOT think it responsible to have someone look at sample contracts. Agree or disagree, you know darn well what people are doing with "samples". In good conscience I could NEVER send a copy of my contract to another billing company because they learn NOTHING from looking at it, modifying it or simply using it.  I've been doing this for years and I KNOW what the newbies do. I believe in telling them like it is from the get go, no sense pussy footing around for them to learn the hard way when they can be forewarned from experience.

Newbies are getting into this business and they want to download contracts and samples and save themselves the work.. but they do NOT learn from that method..in fact they will end up suffering from it. I SEE this every day.. The sad fact from my OWN statistics in doing this is that 3 of every 4 billing companies starting out with NO experience will fail due to things like this. I don't care if people don't like me for being honest. I will not in good conscious ever tell people to download and look at samples. It's like cheating off of someone who is going to receive an "F" themselves. The BEST way to learn is from doing it right the first time and WITHOUT looking at what someone else is doing. There's NO way I would take YOUR contract and look at it to model my own contract, it would NOT help me one bit.

[RichardP]

Linda, I don't particularly disagree with anything you've said in your last post.  But, you say I've been doing this for years ...  My concern is that this statement is true and you don't really remember what it is like to be at the beginning of the learning curve and not know which way to turn.

For those who don't have the money for lawyers to draft a contract from scratch, or don't have the money for books, where do they learn how to start with their contract?  They are going to look at the Internet regardless of whether you tell them not to.  I think those who are going to take boilerplate from the Internet and slap their name on it will do that no matter what we say.  I'm speaking to those who will respond to reason when we give a reason why they should not slap their name on boilerplate - even if they do use it to help focus their own attention on their own business.  I'd like to think there are a few folks out there like that.

Since I truely am not trying to argue with you, I will walk away now.

[PMRNC]

Linda, I don't particularly disagree with anything you've said in your last post.  But, you say I've been doing this for years ...  My concern is that this statement is true and you don't really remember what it is like to be at the beginning of the learning curve and not know which way to turn.

I most certainly do know remember starting out which is why I offer the advice I offer, based on experience and learning some things the hard way and making many of the most common mistakes.

For those who don't have the money for lawyers to draft a contract from scratch, or don't have the money for books, where do they learn how to start with their contract?

Since I began PMRNC, this is one of the things I was most adamant about and in consulting with my own attorney and from PREVIOUSLY watching others make the repeated mistake which cost them dearly, It's just advice I stand firmly by. I could NEVER in good conscious put up a contract for others to use or even modify, there's also the cost.. MANY good billing companies have taken the time to put out the funds and good effort to have their contract drafted and/or reviewed by attorney's. That's their cost. There are MANY legal considerations of ANY business that have to be done right, I'm a firm believer that there are costs you can skimp on and some you cannot, obtaining proper legal representation or review is essential in an industry so highly regulated like ours. If I were starting out in any business I want to be sure I have all the tools and startup funds to meet my obligations, if I did not, I would simply wait as it would be worthwhile to do so.  We offer something a little more unique in regards to information about contracts. We have a full section on HOW to do a contract and what scenario's are most often missed in creating one. We do that w/out adding a contract. I feel people learn better this way. Lack of startup funds should not be a reason for skimping on essential things. I'm not saying you must ALWAYS get a lawyer, I'm saying that covering yourself the right way FIRST will surely reduce the amount of mistakes you make in such a highly regulated business!

 

They are going to look at the Internet regardless of whether you tell them not to.  I think those who are going to take boilerplate from the Internet and slap their name on it will do that no matter what we say.  I'm speaking to those who will respond to reason when we give a reason why they should not slap their name on boilerplate - even if they do use it to help focus their own attention on their own business.  I'd like to think there are a few folks out there like that.

Maybe Richard, but I feel I've done due diligence with my advice. I have indeed given reasons why it's a bad idea, with the number one reason being legal responsibility and we don't learn by copy/paste.  Part of the problem medical billing companies are having is due to the ones NOT doing their due diligence in research and learning as well as start up.  I cannot tell you how many just download a HIPAA BAA, give it to their clients and think that is compliance.  You can't just declare HIPAA compliance you must BE HIPAA compliant but they take that BAA to mean they are just because it says so.   

People are free to ignore my advice, I'm known for my tell it like it is advice and opinion and I sleep better at night that way.  I could easily put up a template contract and make a nice penny doing so.