Response: In the final rule, where a clearinghouse creates or receives protected health information as a business associate of another covered entity, we maintain the exemption
for health care clearinghouses from certain provisions of the regulation dealing with the notice of information practices and patient's direct access rights to inspect, copy and amend records (§ § 164.524 and 164.526), on the grounds that a health care clearinghouse is engaged in business - to - business operations, and is not dealing directly with individuals.
We proposed this position with the caveat that the exemptions would be void
for any health care clearinghouse that had direct contact with individuals in a capacity other than that of a business partner.
Entities performing other functions but not meeting the criteria
for a health care clearinghouse are not clearinghouses, although they may be business associates.
Not exact matches
Under the NPRM and the final rule, plans, providers and
clearinghouses are only required to account
for disclosures that are not
for treatment, payment, and
health care operations, a small minority of all disclosures.
Health plans and health care clearinghouses rely on the provision of such information to accurately and promptly process claims for payment and for other administrative functions that directly affect a patient's ability to receive needed care, the quality of that care, and the efficiency with which it is deli
Health plans and
health care clearinghouses rely on the provision of such information to accurately and promptly process claims for payment and for other administrative functions that directly affect a patient's ability to receive needed care, the quality of that care, and the efficiency with which it is deli
health care clearinghouses rely on the provision of such information to accurately and promptly process claims
for payment and
for other administrative functions that directly affect a patient's ability to receive needed
care, the quality of that
care, and the efficiency with which it is delivered.
A department or component of a
health plan or
health care provider that transforms nonstandard information into standard data elements or standard transactions (or vice versa) is not a
clearinghouse for purposes of this rule, unless it also performs these functions
for another entity.
Billing services, repricing companies, community
health management information systems, community
health information systems, and «value - added» networks and switches would have been considered to be
health care clearinghouses for purposes of this part, if they perform the functions of
health care clearinghouses as described in the preceding sentences.
Response: References to personal information such as those suggested by the commenters could be individually identifiable
health information if the references were created or received by a
health care provider,
health plan, employer, or
health care clearinghouse and they related to the past, present, or future physical or mental
health or condition, the provision of
health care to an individual, or the past, present, or future payment
for the provision of
health care to an individual.
Comment: A few commenters suggested we prohibit
health care clearinghouses from seeking authorization
for the use or disclosure of protected
health information
for marketing purposes.
The rationale underlying the consent requirements
for uses and disclosures by
health care providers do not pertain to
health plans and
health care clearinghouses.
In the final rule we have not required that
health plans or
health care clearinghouses obtain consent
for their uses and disclosures of protected
health information
for treatment, payment, or
health care operations.
For example, a
health care provider may disclose protected
health information to a financial institution in order to cash a check or to a
health care clearinghouse to initiate electronic transactions.
The first section, section 1171 of the Act, establishes definitions
for purposes of part C of title XI
for the following terms: code set,
health care clearinghouse,
health care provider,
health information,
health plan, individually identifiable
health information, standard, and standard setting organization.
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).
The rationale
for this exemption was based on our belief that
health care clearinghouses engage primarily in business - to - business transactions and do not initiate or maintain direct relationships with individuals.
Under § 164.506 (a)(4), covered
health care providers that have an indirect treatment relationship with an individual, as well as
health plans and
health care clearinghouses, may elect to seek consent
for their own uses and disclosures to carry out treatment, payment, and
health care operations.
The rule sets a floor of ground rules
for health care providers,
health plans, and
health care clearinghouses to follow, in order to protect patients and encourage them to seek needed
care.
If a covered
health care provider with an indirect treatment relationship, a
health plan, or a
health care clearinghouse does ask an individual to sign a consent, and the individual does not do so, the covered entity is Start Printed Page 82511prohibited under § 164.502 (a)(1) from using or disclosing protected
health information
for the purpose (s) included in the consent.
SafeCare California Evidence - Based
Clearinghouse for Child Welfare (2012) Describes the SelfCare Home Visiting
for Child Well - Being program as an in - home parenting model program that provides direct - skill training to parents in child behavior management and planned activities training, home safety training, and child
health care skills to prevent child maltreatment.