Or. Admin. Code § 407-014-0050 - Business Associate
(1) The
Department is a business associate of the Authority. The Authority is the
single state Medicaid agency, but the Department performs or assists in the
performance of key components of the medical assistance program under the
supervision of the Authority including but not limited to eligibility
determinations for the medical assistance program and supervising the long-term
and community-based services for seniors and people with disabilities. The
Department also provides certain health care operations services for the
Authority. In doing so, the Department is a business associate of the
Authority. As a business associate of the Authority, the Department is
authorized to use and disclose protected health information to perform or
assist the Authority in the performance of its covered functions. However, as a
business associate, the Department is subject to the privacy requirements
described in these rules.
(2) As a
business associate of the Authority implementing the requirements of the
medical assistance program, the Department may disclose an individual's PHI to
its contractors or providers, and may allow its contractors or providers to
create or receive an individual's PHI on behalf of the Department if the
contract or agreement that complies with applicable federal and state law. In
some limited circumstances, the Department may determine that the Department is
a business associate of a covered entity. A business associate relationship
with the Department requires additional contractual disclosure and privacy
provisions that must be incorporated into the contract pursuant to 45 CFR part
164-504(e)(1).
(3) A contract with
a business associate must comply with OAR
125-055-0100 to
125-055-0130 and the qualified
service organization requirements in 42 CFR part 2.11.
Notes
Stat. Auth.: ORS 409.050
Stats. Implemented: 409.010
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