tci Medicare Compliance & Reimbursement - 2003 Issue 23

HIPAA: KNOW WHEN NOT TO SECURE A BUSINESS ASSOCIATE AGREEMENT

Health care providers and plans may not have as many Health Insurance Portability and Accountability Act business associate agreements to pull together as they thought. In a May 23 program memorandum (AB-03-078; http://cms.hhs.gov/manuals/pm_trans/AB03078.pdf), the Centers for Medicare & Medicaid Services lays out the ground rules for fiscal intermediaries and carriers as far as dealing with the business associate provisions of the HIPAA privacy standards. In a nutshell, FIs and carriers are business associates of Medicare fee-for-service itself - not of individual health care providers and health plans. "Medicare contractors that perform health care activities involving the...

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