HIPAA BAA and fully insured plan(s)

[alexa]

Our fully insured dental and fully-insured HMO have said that they do not enter into Business Associates Agreements with the sponsors of the plan

why would this be?

[Steve72]

Insurers are not considered business associates of the fully-insured plan.

[alexa]

Do you have a site?

[Steve72]

164.502(e)(1)(ii)(B).

[Guest BenefitsLawyer]

Just as an additional bit of info, under the HIPAA privacy provisions the insurer itself is a "health plan" and has a compliance obligation as such. So, because the insurer has to comply, there's really no need for a business associate agreement between the insurer and the employer-sponsored plan.