HIPAA

1.  BAA with temp agency vs treating temps as workforce

Posted 6 days ago

I am trying to determine whether we want to pursue a BAA with our temp agency.  It is my understanding that if we provide HIPAA training and the temp is under our supervision, we can opt to consider the temp employee to be a workforce member and a BAA is not necessary.  However,  it seems that a BAA could provide some sharing of the financial burden in the event of a breach.  Can you help me identify the pros and cons for BAA vs workforce?

 

Janet Schumacher, RN, BSN, MPH, CHPC



2.  RE: BAA with temp agency vs treating temps as workforce

Posted 6 days ago

Hi Janet,

 

My question would be whether or not the agency is receiving PHI and utilizing that PHI on behalf of the organization or is it just the temporary worker provided by the agency who has access to PHI. If the agency is not accessing PHI on your behalf I'm not sure a BAA would be appropriate.

 

Sherrie

 

Sherrie A. King

Compliance Auditor

Appalachian Regional Healthcare System

828-263-1207

saking@apprhs.org

Compliance Hotline: 1-800-656-7743

CorporateCompliance@apprhs.org

 

Them has left the building, it's just Us.

 

"Right is right, even if everyone is against it, and wrong is wrong even if everyone is for it."

William Penn

 



This document may contain information covered under the Privacy Act, 5 USC 552(a), and/or the Health Insurance Portability and Accountability Act (PL 104-191) and its various implementing regulations and must be protected in accordance with those provisions. Healthcare information is personal and sensitive and must be treated accordingly. If this correspondence contains healthcare information it is being provided to you after appropriate authorization. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Redisclosure without additional patient consent or without legal basis is prohibited. Unauthorized redisclosure or failure to maintain confidentiality subjects you to application of appropriate sanctions. If you have received this correspondence in error, please notify the sender at once and destroy any copies you have made.

  ­­