Business Associate
What is a Business Associate under HIPAA?
A Business Associate under HIPAA is any individual or organization that performs activities or services for a Covered Entity involving the use or disclosure of Protected Health Information (PHI). Examples include billing companies, IT service providers, cloud storage vendors, legal consultants, and email marketing platforms handling PHI.
Because Business Associates are not part of the Covered Entity’s workforce but still have access to sensitive health data, they are directly accountable under HIPAA. This means they must comply with the HIPAA Privacy, Security, and Breach Notification Rules, just like Covered Entities. They must implement safeguards, conduct risk assessments, and ensure data security measures are in place.
What is a Business Associate Agreement?
Business Associates are required to sign a Business Associate Agreement (BAA) with the Covered Entity before accessing or processing PHI. This contract outlines the responsibilities, permissible uses of PHI, breach protocols, and expectations for maintaining compliance.
Failure to uphold these responsibilities can lead to direct enforcement actions and HIPAA breach penalties. Penalties for Business Associates can be severe, particularly when there is negligence in handling PHI, lack of proper safeguards, or failure to report breaches.
All staff employed by a Business Associate who may interact with PHI must undergo HIPAA compliance training to ensure they understand their legal and ethical obligations. This includes training on secure communication practices, access controls, and identifying possible data breaches.
In today’s digital health landscape, many Business Associates are involved in managing data electronically. This makes the use of HIPAA compliant email platforms even more critical. Whether sharing lab results, patient records, or billing details, emails must be encrypted, access-restricted, and properly archived to meet HIPAA’s technical requirements.
By working with trained professionals, securing vendor agreements, and using compliant tools, Covered Entities can trust that their Business Associates are safeguarding PHI to the same high standards.
Related Terms
Two Factor Authentication
End-to-End Encryption
Privacy Policy