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Business Associate under HIPAA
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Business Associate under HIPAA
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Company A  and Company B use an employee leasing company.  For Company A, this employee leasing company may at times do nothing more than admin functions like issuing payroll and collecting
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Business Associate under HIPAA

posted at 2/20/2012 8:47 PM EST on Workforce Management
Posts: 2
First: 2/20/2012
Last: 2/21/2012
Company A  and Company B use an employee leasing company.  For Company A, this employee leasing company may at times do nothing more than admin functions like issuing payroll and collecting the health insurance forms and payments from employees.  For Company B, it may hires, fires, etc.

With respect to Company B, the employee leasing company is an employer and thus not a covered entity or business associate.

What about with Company A?  If the leasing company does NOT process claims, or handle any health insurance issue but only transmits the forms and payment to the insurance carrier is it a business associate?

Re: Business Associate under HIPAA

posted at 2/21/2012 8:51 AM EST on Workforce Management
Posts: 144
First: 9/21/2011
Last: 2/8/2013

 It might totally depend on the contract between the employer and the leasing company as to whether. I know ours specifically stated the relationships for specific laws. Your leasing company should be able to answer this (unless you are the leasing company...then I would seek legal advice outside what can be provided for free on an internet forum).

I would suggest reading:http://www.hhs.gov/hipaafaq/providers/covered/499.html because you have HIPAA in your title, but not in your message, so I am guessing that is what you need to know this for.  The health plan entity is covered by HIPAA, but it is my understanding that the employer itself is not unless it is the one dealing with the actual claims which most normal employers do not.  What type of health plan does A have?

Re: Business Associate under HIPAA

posted at 2/21/2012 1:40 PM EST on Workforce Management
Posts: 2
First: 2/20/2012
Last: 2/21/2012
The plan is a normal plan funded through an insurance company like Humana or BCBS or United Healthcare.

 You are correct that the employer is not a covered entity and the agreement between the employer and leasing company do not currently treat the leasing company as a business associate, but questions have arisen as to whether it should be treated as a business associate.  The numerous HIPAA and HITECH articles do not address leasing companies that are not joint employers -- at least not the ones I've located to date.

I have looked into the HHS website as well and tht Office of Civil Rights Guidance without success.

Thanks for you response and ideas.  I appreciate you taking the time to think about it.

Re: Business Associate under HIPAA

posted at 2/21/2012 8:03 PM EST on Workforce Management
Posts: 144
First: 9/21/2011
Last: 2/8/2013

I found this link later this evening:
http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/businessassociates.html as I was still curious.

It doesn't sound to me like B would be a business associate under HIPAA unless A and B are in a regular environment where HIPAA would come into play.  Do you mind posting what their primary lines of business are? Do you do servicing for providers or health plans?  THe link I just posted gives some really good examples of what a business associate would be.

Just being an employer with health insurance questionnaires who has another firm process them would not make either of the companies fall under HIPAA by itself.  Now if that other firm is processing claims, reviewing actual claims, etc. Then yes, they could be a business associate.

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