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A business associate also is a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another business associate.
Members of a covered entity's workforce (employees, independent contractors, volunteers, etc.) are not considered business associates of the covered entity.
By law, a business associate must ensure that any subcontractors it may engage on its behalf that will have access to protected health information, will agree to the same restrictions and conditions that apply to the business associate with respect to such information.
The agreement must describe permitted and required PHI uses for the business associate and state that the business associate will not use or further disclose the protected health information other than as permitted or required by the contract or as required by law.