TPA as Business Associate of Provider

[Chaz]

If a health care provider (physician practice, hospital, etc.) agrees by contract to be a participating provider in a third party administrator's network, is the third party administrator a business associate of the provider thus requiring a business associate agreement between the provider and the TPA?

[Chaz]

Does anyone have any thoughts on this?

[Flyboyjohn]

My thought is YES since the TPA will undoubtedly be receiving PHI, but even if there's doubt wouldn't it be prudent to get the BA Agreement in any event to be safe?