It is the policy of ChildServe to require the execution of a Business Associate Agreement before Protected Health Information is provided to an outside vendor, supplier, service provider or other business partner who meets the definition of a Business Associate under this policy and applicable law.
Business Associate is an outside person or entity (someone who is not employed by ChildServe) who performs, or assists in the performance of:
A function or activity involving the use or disclosure of Individually Identifiable Health Information, including claims processing or administration, data analysis, processing or administration, utilization review, quality assurance, billing, benefit management, practice management, and repricing; or
Provides legal, actuarial, accounting, consulting, data aggregation, management, administrative, accreditation, or financial services to or for ChildServe, where the provision of the service involves the disclosure of individually identifiable health information from ChildServe, whether directly or through another party; or
Otherwise engages in a function or activity involving the use or disclosure of Protected Health Information.
Individually Identifiable Health Information is demographic information collected from an individual and created or received by ChildServe that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) identifies the individual; or (ii) there is a reasonable basis to believe the information can be used to identify the individual.
Examples of Individually Identifiable Health Information include name, address, birth date, social security number, driver’s license number, medical record number, account numbers, photographic images, admission date, discharge date, date of death, telephone number, e-mail address, or other characteristics that could uniquely identify an individual.
Protected Health Information means Individually Identifiable Health Information that is transmitted or maintained by electronic media or in any other form or medium. Protected Health Information does not include Individually Identifiable Health Information in: (i) Education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g; (ii) Records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student’s choice; and (iii) Employment records held by ChildServe in its role as employer.
Prior to the time ChildServe transmits or otherwise provides Protected Health Information to a Business Associate, or as soon as is reasonably practical thereafter (in the case of existing relationships), the Business Associate must sign and return a Business Associate Agreement to ChildServe. Whenever possible, the Supplier Conduct Form should be used.
| Vendors
