does anyone have any thoughts as to whether or not a local union is required to enter into a business associate contract with its health and welfare fund?

thank you in advance for your thoughts.

If the union is the sponsor of the health plan, it is explicitly excluded from the definition of a "business associate". The plan amendment required by HIPAA essentially takes the place of a business associate agreement.

My understanding is that the Board of Trustees is
the "plan sponsor" when talking about a multiemployer
fund. Our unions have been asked to sign a business
associate agreement since they assist with collections,
eligibility problems, etc. Absent an agreement, the union
will be effectively cut off from the HW plan.

The amendment to the plan document will allow
the Board access to PHI, but not the union itself.