HIPAA Training: Who Is Considered a Business Associate?

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  • Опубликовано: 19 июн 2016
  • A common question we receive is, “Who is considered a Business Associate?” Here are 3 questions to help you determine who is a Business Associate. First, Do they require disclosure of protected health information (PHI) to provide their services? Second, Are they your employee? And finally, are they a covered entity or someone who is only working with you to treat patients? If you answered Yes to Question #1 and No to Questions 2 and 3, then they are most likely a Business Associate.
    For example, Lawyers, Accountants, Consultants, Practice Management Software Companies, Medical Transcribers, and 3rd Party Administrators are all Business Associates. They all are required to handle PHI to perform their services.
    Under HIPAA, a Covered Entity and their Business Associates are required to enter into contracts called Business Associate Agreements. The Agreement must: describe the permitted uses of PHI; state that the Business Associate will not use the PHI other than what is permitted under the contract; and require the Business Associate to implement adequate safeguards to protect patient information.
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