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This article highlighted only a few of the complications that SES professionals are exposed to when drafting contracts for business partners and qualified business organization/business agreements, in accordance with current laws governing patient protected health information. There will be times when the HIM professional will have to consult with a lawyer familiar with federal and federal laws to resolve issues and concerns. At the same time, AHIMA members have extensive online expertise in AHIMA HIPAA-related communities of practice on www.ahima.org. In any case, you must ensure that, regardless of who writes the agreement, it meets your legal obligations if you ask another person or company to provide a service for you or on your behalf, and that they need protected health information to perform that service. If you are familiar with the federal drug and alcohol privacy law, you will immediately notice the complexity of combining a qualified service organization and a business agreement. In addition to the performance of the services provided to the programme included in the agreement, a qualified service/trading partner organization is prohibited from providing protected health information. Covered companies are required to obtain certain assurances from partner organizations (for example. B partners such as ScanSTAT) who create, receive, maintain or transmit protected health information online (PHI) for patients regarding the uses and disclosures of PHI. However, the type of service provided by the unit covered to its patients controls the type of agreement that must exist between the covered unit and the other party. In some cases, national legislation may further protect the privacy rights of drugs and alcohol, mental health and other patients (e.g. B HIV and AIDS) as the data protection rule HIPAA and 42 CFR, part 2.

If this is the case, the more restrictive law normally prevails and must be reflected in decisions regarding participation in trade partners and qualified service arrangements. If you work for a covered facility, which is supported in one way or another at the federal level and provides substance abuse services that meet the criteria of a program under drug law and alcohol secrecy – in other words, the covered company „maintains itself as a provider of alcohol or drug abuse diagnoses, treatment or remittances for treatment (42 CFR, Part 2, 2.11)“1 – then you must take this federal law into account when writing your associate contracts. This can be done by inserting the agreement on qualified service organisations into the matching agreement and ensuring that aspects of the counterparty agreement are not contrary to the terms of the qualified service organisation agreement.