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Who Is Not a Business Associate? Persons and entities that are part of a covered entity's workforce are not considered business associates. This may include temporary workers, volunteers, interns, and others who work with or for a covered entity, regardless of who pays them (or even if they are paid).
The Department also clarifies that a business associate contract is not required with persons or organizations whose functions, activities, or services do not involve the use or disclosure of protected health information, and where any access to protected health information by such persons would be de minimus, if at ...
Business associate agreements form the backbone of your organization's HIPAA compliance program. These agreements include clauses outlining the permissible and impermissible uses of Protected Health Information (PHI), each party's liabilities, consequences of failing to comply with stated requirements, and more.
There are some exceptions to whether a business associate agreement is needed. Common exceptions where no BAA is needed involve, generally, disclosures to a healthcare provider for treatment purposes, and disclosures from a provider to a health plan for payment purposes.
What is a Business Associate Agreement? A Business Associate Contract, or Business Associate Agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI. HIPAA requires Covered Entities to only work with Business Associates who assure complete protection of PHI.