Humana Wins the Gold Medal in the Bad BAA Olympics

Just when I thought I had seen it all I got another BAA from a client today for Humana– a company I generally view positively.

As we all all know HITECH for BA’s went into effect 2/17/2010.

So what does Humana do?  They sent out their HITECH updated producer agreements- dated 2/19/2010 – 2 days after the law impacted their producers.

If you read their agreement you would think that they are blameless and the broker will bear all the liability of any issues. HHS and OCR and the law are clear that CE’s own the ultimate issue not the BA’s.

Fact- CE’s like Humana own the behavior of their BA’s when it comes to PHI and privacy breaches whether their lawyers like it or not.

They did open their letter with the  9 page  unilateral amendment to their producer agreements by extending “their appreciation for your continued partnership”.  Gee thanks……

After summarizing all the things a broker/BA has to to do they generously offer more information on their website…2 days after compliance is mandated and they are holding their tens of thousands of producers to in the amendment. Wow how generous!

Humana’s chutzpah is the ultimate hypocrisy and shows a total lack of respect to the producers who drive their revenues, consistent with all their major peers.

So in the last week we have Aetna’s shenanigans sliding their BAA’s in just under the deadline. We have Principal sliding in ID Theft penalties on BA’s for even unproven harm in a breach that is not required in the law. CIGNA too slid their BAA in the last week and God knows who else.

United Concordia at least slid their agreement in in December when they unilaterally “for your convenience” made their changes. The list goes on and on.

If you are a broker you should review all your own agreements and truly understand the implications to your business of not being 100% compliant. There is NO such thing as partial compliance.

Total compliance is the one thing every one of the carriers expect of you and that you signed agreements for or had forced on you.

As one client told me yesterday we all know that the insurers are on top of the hill and we are on the bottom and we know what rolls downhill!

Humana wins the Gold Medal for their top of the hill leadership. “Guidance when you need it most” … 2 days after a law that was written a year ago that impacted all of us and most importantly you their esteemed “partner”…

The lack of any type of marketing  and tone deaf PR management by health insurers, let alone respect for its producers, reaches a new high here and thus gets Humana to the top of our Bad BAA podium today.

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