Medical Billing Forum
HIPAA => HIPAA => : Christy June 07, 2013, 04:12:16 PM
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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....
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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.
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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.
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Office Alley (clearinghouse) could be both a covered entity and a business associate but I agree.. better we cover our own asses.
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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?
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Covered Entities include clearinghouses