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  1. FHIR Specification Feedback
  2. FHIR-35621

what is the CP doing on behalf of the provider organization that renders it a business associate?

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    • Icon: Change Request Change Request
    • Resolution: Persuasive with Modification
    • Icon: Highest Highest
    • US SDOH Clinical Care (FHIR)
    • 1.0.0
    • Patient Care
    • Functional Use Cases [deprecated]
    • 5.1.0.1
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      The CP is acting as the covered entities agent in receiving PHI and arranging for services with a provider.  There is no need for any CP or CBO to be a BAA, but then the covered entity may be unwilling to use them to act on behalf of one of their patients since they take on the HIPAA responsibilities for all PHI release. Add some clarification to the current language regarding consented and non-consented release of information. 

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      The CP is acting as the covered entities agent in receiving PHI and arranging for services with a provider.  There is no need for any CP or CBO to be a BAA, but then the covered entity may be unwilling to use them to act on behalf of one of their patients since they take on the HIPAA responsibilities for all PHI release. Add some clarification to the current language regarding consented and non-consented release of information. 
    • Bob Dieterle / Jay Lyle : 7-0-1
    • Clarification
    • Non-substantive

    Description

      Please clarify legal question: what is the CP doing on behalf of the provider organization that renders it a business associate? We imagine that some CPs will resist characterization as a BA to avoid legal liability. 

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            Unassigned Unassigned
            molly.malavey@ama-assn.org Molly Reese (Inactive)
            Laura Hoffman (Inactive), Molly Reese (Inactive)
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              Updated:
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