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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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My wife and I just started an LLC . She is a certified phlebotomist

Customer Question

My wife and I just started an LLC
.
She is a certified phlebotomist and a certified Medical Assistant
.
I am an engineer with no medical background
.
She deals with medical businesses that provide medical exams for insurance companies. She is subcontracted to work for them and is privileged to see the patients medical records however, I can not due to HIPPA reasons.
.
What do I have to do to be allowed to be exposed to this personal information. There are times when I need to discuss issues with the help desk or where it would be beneficial to listen in on phone discussions to assure that our company is running smoothly and correctly.
.
I am the president of the LLC and she is the VP
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you.

BizIPEsq. :

I will need to review the HIPAA rules in connection with authorized parties to access records. I will need to log off to conduct some research. So please bear with me as it may take some time.

BizIPEsq. :

You are what is known as a "business associate" of a covered entity.

BizIPEsq. :

unless the LLC is the company that is actually providing the service and then the LLC is the covered entity and you would be it employee and thereby covered by it as well.


 

BizIPEsq. :

In the event your wife provides the medical evaluations personally then the LLC and you would be considered business associates. In such an event the LLC and you would have to enter into a business associate agreement. HIPAA Rules require that the covered entity include certain protections for the information in a business associate agreement including imposing specified written safeguards on the individually identifiable health information used or disclosed by its business associates Moreover, a covered entity may not contractually authorize its business associate to make any use or disclosure of protected health information that would violate HiPAA rules.

BizIPEsq. :

you can find sample provisions for a business associate agreement here

BizIPEsq. :

Thank you for allowing me to assist you.

Customer: Sorry the review of BAD is incorrect. I received two emails from you and deleted one that I thought was a duplicate. The email that I went into did not have any information from you.
Customer: Please reset and let me change my rating to excellent. Sorry for the error.
Customer:

My wife is a subcontractor to a company that is providing the medical exam for the insurance companies

Customer:

That company has contracted with the insurance co

Customer:

My wife has contracted to perform the medical exam for that company

Customer:

My wife and I own our LLC

Customer:

She has signed the HIPPA agreement with that Co

Customer:

I have not signed the agreement, but I am part owner of the company

Customer:

unless the LLC is the company that is actually providing the service and then the LLC is the covered entity and you would be it employee and thereby covered by it as well. (This is part of your reply, what does and then mean, the two words together are confusing)

Customer:

Please provide some additional clarification, some of your wording contradicted and made the reply confusing

BizIPEsq. :

I spoke to customer service and they asked that you accept this answer with a positive rating which will override the mistaken negative rating (experts get penalized for bad rating so we always strive for excellent rating)

BizIPEsq. :

Now let me address your question:

BizIPEsq. :

The question was whether your wife is providing the medical service in her name or in the name of the LLC? Did she sign the agreement to provide services in her name or in the name of the LLC. If it's in the name of the LLC then you are covered by HIPAA privacy provisions by virtue of her agreement. You would need to execute such agreements with your sub-contractors (if you have any) As noted, you as a member of the LLC would be covered automatically.

BizIPEsq. :

If however your wife signed the agreement with the company individually then she and the your LLC would need to enter into a sub-contractor privacy agreement. That way the LLC (and again you automatically) would be within the HIPAA privacy umbrella.

BizIPEsq. :

Please rate my service positively. Feel free to ask for me for future questions.

BizIPEsq. :

I answered the second question. Customer service asked that I request that you rate this question as well.

Customer:

Thank you for the clarification

Customer:

Nice job

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
BizIPEsq. and 4 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.


Where can I find a sub contractor privacy agreement?


Or is it called something different?


I belong to Rocket Lawyer, can you find one on that site?


Thanks again

Expert:  BizIPEsq. replied 1 year ago.
The agreement is called HIPAA Business Associate Agreement. Here is sample language suggested by the Dept of Health. Here is a sample of such an agreement.

Cheers.

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