FAQ 240 When is a health care provider a business associate of another health care provider?
This is a HIPAA FAQ for covered entities.
Final
Issued by: Office for Civil Rights (OCR)
When is a health care provider a business associate of another health care provider?
Answer:
The HIPAA Privacy Rule explicitly excludes from the business associate requirements disclosures by a covered entity to a health care provider for treatment purposes. See 45 CFR 164.502(e)(1).
Therefore, any covered health care provider (or other covered entity) may share protected health information with a health care provider for treatment purposes without a business associate contract. However, this exception does not preclude one health care provider from establishing a business associate relationship with another health care provider for some other purpose.
For example, a hospital may enlist the services of another health care provider to assist in the hospital’s training of medical students. In this case, a business associate contract would be required before the hospital could allow the health care provider access to patient health information.
Date Created: 12/19/2002
HHS is committed to making its websites and documents accessible to the widest possible audience, including individuals with disabilities. We are in the process of retroactively making some documents accessible. If you need assistance accessing an accessible version of this document, please reach out to the guidance@hhs.gov.
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.