Independent Nurses that transmit Protected Health Information (PHI) are considered Covered Entities under HIPAA.  As such, the HIPAA Privacy & Security Rules apply to the Independent Nurses' practice.  In addition, Wisconsin State Statute 146.8 applies.

Anyone that accepted the Portal User Agreement needs to be both HIPAA Privacy and Security Compliant, even if they are not a covered entity.

Independent Nurses that do not transmit PHI are not Covered Entities.  If they have not accepted the Portal User Agreement, the HIPAA Privacy and Security Policies and Procedures are not required, Wisconsin State Statute 146.8 applies.

Independent Nurses submitting claims electronically are Covered Entities.  This includes both claims directly submitted by a Nurse as well as those submitted by a billing service.

On May 1, 2010, the Wisconsin Medicaid program requires all Independent Nurses to establish a ForwardHealth portal to receive remittance information.  This information contains PHI.  If you have a portal, you have accepted the Portal User Agreement and need to be HIPAA Privacy and Security Compliant.