HIPAA Question - Business Associate Agreement

[Guest akwallace]

When should the Business Associate Agreement be signed with a new insurnace vendor for a plan beginning 1/1/04? Does it need to be signed prior to 1/1/04, as PHI may be shared during open enrollment?

[Steve72]

Insurance companies are not business associates of a fully insured plan.

If this is an insurance company serving as an ASO, a BAA should be signed before any PHI is transmitted.

[Guest akwallace]

This is a self insured CDHP, with Lumenos as the vendor.

[Guest kowen]

Steve72 is absolutely correct. The BAA must be in place before the plan can share any PHI.