In a perfect world...

[Christy]

In a perfect world, wouldn't the docs be providing the BAAs? Shouldn't they be the ones who dictate how we should use (and not use) their patient information?  Just wondering. Of course, I have never encountered a single doctor who ever had one. I even argued this with my lawyer when she said I did not need one, because the docs surely would have them, lol! Lawyers and doctors are WAY different.

Yes, I have a BAA and sign them with my docs, but just wondering....

[PMRNC]

The Business Associate is actually the one responsible:  "business associates are entities that receive personal health information in order to perform a service or function on behalf of a HIPAA covered entity

Either party could be in violation without one however.

I have never encountered a single doctor who ever had one. I even argued this with my lawyer when she said I did not need one, because the docs surely would have them, lol! Lawyers and doctors are WAY different.

I've been asked for one which makes sense but no I have never seen a provider have one either, but with us, again we are responsible for providing it since we ARE the Business Associate. Not sure if that's the "legal" way but that's how I would interpret it.

[RichardP]

When we signed one of our providers up with Office Ally, it was Office Ally who provided the doctor with the Business Associate's Agreement - which was quite extensive; several pages.  They wanted to make sure they were covered regardless of whether the doctor was interested or not.  I do not think that Office Ally would allow a Business Associate's Agreement from the doctor to replace what they wanted him to sign.  Office Ally has a team of lawyers, so I'm certain their approach is legal.

[PMRNC]

Office Alley (clearinghouse) could be both a covered entity and a business associate but I agree.. better we cover our own asses. 

[Christy]

thanks, Richard and Linda!

I am confused though...how could OA be a covered entity? What info do they carry that the user (doctor) has to protect?

[PMRNC]

Covered Entities include clearinghouses