Are the Joint Commission on Accreditation of Healthcare Organizations and other accrediting agencies considered health oversight agencies?
The definition of health oversight agency does not include private organizations, such as private-sector accrediting groups. Accreditation organizations are performing health care operations functions on behalf of health plans and covered health care providers, so they are business associates of the covered entities. Accordingly, in order to obtain protected health information (PHI) without individuals’ authorizations, accrediting groups must enter into business associate agreements with health plans and providers. Similarly, private entities, such as coding committees, that help government agencies that are health plans make coding and payment decisions are performing health care payment functions on behalf the government agencies and must enter into business associate agreements in order to receive PHI. Editor’s note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP (http://www.bricker.com) and The Quality Management Consulting Group, Ltd. (htt
