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HIPAA Tip:
FAQ About OHCAs
My hospital says I am in its "OHCA." What does that mean? An OHCA, or organized health care arrangement, is an administrative construct under HIPAA that allows information sharing between a hospital and its medical staff, between a health plan and its contracted providers, and between an IPA and its contracted providers. According to the U.S. Office of Civil Rights, members of an OHCA can share protected health information (referred to as PHI) with other members of the OHCA on matters of common concern (at least to the extent those members are also covered by HIPAA), without a separate business-associate agreement. An OHCA member can also share the protected information with another member’s business associates. If you are on staff at several hospitals, you will be a member of several OHCAs. My hospital wants me to use Its "Notice of Privacy Practices." Is
this okay? My hospital wants me to sign an agreement about my being in the OHCA. Do I have to Sign it? Technically, no agreement is required to establish an OHCA. By definition under HIPAA, a hospital and its medical staff are an OHCA. But an agreement is necessary if physicians wish to use the OHCA’s privacy notice. CMA suggests that the medical staff officers review the proposed agreement to make sure it benefits the entire medical staff, and does not create unnecessary burdens for those physicians who are not covered by HIPAA. Moreover, since issues concerning the confidentiality of medical information are central to "the professional work performed in the hospital," any such agreement should be included in the medical staff rules and regulations. Do you have other questions about HIPAA compliance? Buy the CMA/ PrivaPlan HIPAA Compliance Toolkit on CD-ROM or sign up for CMA’s Total HIPAA Compliance Workshop today and get the answers you need. Contact: CMA’s HIPAA Hotline, 415/882-3311 or legalinfo@cmanet.org. HIPAA Tip: April 14 IS the Compliance Deadline HIPAA Tip: Chart CabinetsHow Sharp are Your HIPAA Tools? HIPAA Tip: Security Rule Delay HIPAA Tip: Using Patient Names HIPAA Tip: Using Reminder Postcards HIPAA Tip: Extension Does Not Apply to Privacy Rule HIPAA Tip: Inpatient/Outpatient Privacy Notice Requirements Differ HIPAA Tip: The Extension Deadline Has Passed—Now What?
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