Not exact matches
(ii) If the
affiliated covered
entity combines the functions of a
health plan,
health care provider, or
health care clearinghouse, the
affiliated covered
entity complies with paragraph (g) of this section.
Response: A detailed discussion of the final rule's organizational requirements and firewall restrictions for «
health care components» of larger
entities, as well as for
affiliated, and other
entities is found at the discussion of § 164.504 of this preamble.
These authorizations may also be useful to accomplish clinical coordination and integration among covered
entities that do not meet the definitions of
affiliated covered
entities or organized
health care arrangements.
If the
affiliated entity contains
health care components, it must implement safeguards to prevent the Start Printed Page 82639larger
entity from using protected
health information maintained by the component
entity.
The safeguarding requirements for
affiliated covered
entities track the requirements that apply to
health care components.
Although not addressed in the proposed rule, this final rule also recognizes that a covered
entity may as a single legal
entity,
affiliated entity, or other arrangement combine the functions or operations of
health care providers,
health plans and
health care clearinghouses (for example, integrated
health plans and
health care delivery systems may function as both
health plans and
health care providers).
Covered
entities under common ownership or control that elect not to designate themselves as a single
affiliated covered
entity, however, may elect to produce a joint notice if they meet the definition of an organized
health care arrangement.)
One commenter questioned whether
affiliated members of a
health care group (even though separate legal
entities) would be considered as one primary
health care provider.
(i) Legally separate covered
entities may designate themselves (including any
health care component of such covered
entity) as a single
affiliated covered
entity, for purposes of this subpart, if all of the covered
entities designated are under common ownership or control.
Other policies look to exclude any
entity that provides abortions, or any family planning provider that is formally
affiliated with such an
entity; this typically affects safety - net
health centers that focus on reproductive
health care, rather than primary
care, including — but not limited to — Planned Parenthood.