Program_Memos / 2003 / AB-03-078

Why This Topic Matters

It helps Medicare FFS contractors understand CMS privacy guidance, update contract and subcontract language on schedule, and communicate required information to providers and other stakeholders.

Article Sections

1. Program Memorandum Overview

   Introduces the memorandum, issuing agencies, transmittal information, date, and request reference. It frames the scope of the guidance for Medicare fee-for-service contractors.

2. HIPAA Privacy Rule Business Associate Guidance

   Describes CMS guidance on the business associate provisions of the HIPAA Privacy Rule as they relate to Medicare FFS contractor activities. It addresses the general contractor relationship to protected health information and covered entities.

3. Trading Partners and Coordination of Benefits

   Discusses crossover claims data exchange, trading partner agreements, and coordination of benefits relationships. It clarifies the operational context in which CMS distinguishes contractor relationships from other data-sharing arrangements.

4. Contract and Subcontract Language Updates

   Summarizes instructions about CMS-developed privacy language for contracts and subcontract compliance. It includes the timeline for incorporating updated language into existing agreements.

5. Provider Communication and Implementation Dates

   Covers the required distribution of the memorandum to providers and the use of Web and bulletin communications. It also notes the effective, implementation, and discard dates referenced in the memorandum.