Does an HIE need to enter into a BAA with it’s healthcare provider clients?

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This is a very specific question and scenario I think. Need some expert feedback. My company is finding the need...

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Posted by John Jones (Discussions: 368, Comments: 3041)
Replied on May 4, 2018 12:00 am
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HHS has previously provided guidance indicating that HIEs are Business Associates. So yes, based on this guidance you need a BAA.
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Posted by Carlos Leyva (Discussions: 1, Comments: 27)
Replied on May 3, 2018 8:00 pm
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Thanks Carlos Leyva. If you happen to have a link to that guidance that would be most helpful. It looks like we will just have to keep our HIE limited to our clients and those associated with those clients. HIPAA is too risky to provide the system for free general use if the system operator is under HIPAA regulations.
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Posted by John Jones (Discussions: 368, Comments: 3041)
Replied on May 5, 2018 8:00 pm
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Posted by John Jones (Discussions: 368, Comments: 3041)
Replied on May 5, 2018 8:00 pm
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John Jones Sorry I can recall the exact source. I know that I did webinars circa 2013 and before indicating that HIE were to be treated as business associates.
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Posted by Carlos Leyva (Discussions: 1, Comments: 27)
Replied on May 6, 2018 8:00 pm
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Hello, HIE's are a BA of Covered Enities. What you are referring to is called a "conduit" under HIPAA which is a very narrow scope under HIPAA. The only conduits that I know of defined by HHS are USPS and ISP providers. If your organization creates, receives, maintains, or transmits PHI on behalf of a Covered Enity, your organization meets the definition of a Business Associate under HIPAA. Based on what you described, since the PHI is transmitted from point A to point B, then the service is an HIE. Here is some information https://www.hhs.gov/hipaa/for-professionals/special-topics/cloud-computing/index.html
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Posted by Carlyn Doyle, MSHI, RHIA, CHPS, HCISPP (Discussions: 0, Comments: 1)
Replied on May 6, 2018 8:00 pm
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Thanks Carlyn Doyle, MSHI, RHIA, CHPS, HCISPP, that answers the question.
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Posted by John Jones (Discussions: 368, Comments: 3041)
Replied on May 7, 2018 8:00 pm
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