DSL INFO MEMO 2002
– 12
November 21, 2002
STATE OF WISCONSIN
Department of Health and Family Services
Division of Supportive Living
To:
Area Administrators/Assistant Area Administrators
Bureau Directors
CIP 1A Contracts
COP County Contacts
COP Fiscal Contacts
COP Waiver Contacts
County Departments of Community Programs Directors
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors
County Mental Health/AODA Coordinators
County Primary DD Contacts
County/Tribal Aging Unit Directors
CSLA County Contacts
Licensing Chiefs/Section Chiefs
Tribal Chairpersons/Human Services Facilitators
From:
Sinikka McCabe, Administrator
Re: HIPAA Business Associate Agreement and changes to 2003 State and
County Contract
Overview
HIPAA is the federal Health Insurance Portability and Accountability
Act of 1996. The Administrative Simplification part of the act aims to
reduce the costs of the administration of health care through increased
automation of billing and other transactions, based on the adoption of
nationwide standards. It also establishes requirements for the privacy of
personal health care information and the security of that information when
automated.
The Medicaid program is a health plan under HIPAA and must comply with
the rules that implement this law.
The Department of Health and Family Services (DHS
) has determined that
the county agencies that administer the Medicaid Home and Community Based
Waiver Services Programs (HCBW Programs) and the Community Options Program
(COP) are performing health plan functions for DHS
and are its business
associates under HIPAA.
HIPAA compels DHS
to require the counties to comply with the same
HIPAA rules that govern DHS
as a health plan. The 2003 State-County
contract will contain this requirement, as well as a new Business
Associate Agreement, which will describe the details.
Most of the Agreement will address the responsibilities of the counties
as business associates relative to the Privacy rule. The Business
Associate Agreement outlines the circumstances where the Department and
County may use, disclose and share individual health information.
As an agent of the Department, Counties are also responsible for
complying with HIPAA Security and Transaction rules. The Business
Associate Agreement also addresses these rules.
A model of this Agreement and the related contract provision, section
2.07 of the 2003 State-County contract is attached for informational
purposes.
Questions
County agencies should direct questions to their Area Administrator.
REGIONAL OFFICE CONTACT:
Area Administrator
CENTRAL OFFICE CONTACT:
Ted Ohlswager
HIPAA Implementation Coordinator
DHS
/BIS
(608) 266-5314
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