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From page 8... ... 8 [E] mployers often house large amounts of health information, but generally employers are not covered entities. Read the entire page →
From page 9... ... 9 • A pharmacy benefits manager that manages a health plan's pharmacist network.49 The question of whether an entity is a business associate of a covered entity is always "fact specific."50 HHS is clear that a business associate is one that requires access to PHI to perform certain activities or functions on behalf of a covered entity.51 Any person or entity "public or private[] who performs these functions or activities or services is a business associate for purposes of the HIPAA Rules, regardless of whether such person has other professional or privilege-based duties or responsibilities."52 HHS explains that a business associate generally is an agent of a covered entity if a business associate agreement grants the "covered entity the authority to direct the performance of the service provided by its business associate…."53 As explained by HHS in its final rule issued in January 2013: • A person becomes a business associate by definition, not by the act of contracting with a covered entity or otherwise (emphasis added) Read the entire page →
From page 10... ... 10 As stated, business associates include persons and entities that perform functions for or provide services to covered entities and need PHI to do so.60 A business associate may use or disclose PHI only in the same manner that a covered entity may use or disclose PHI.61 There is no provision in the HIPAA regulations that expressly or impliedly permit a disclosure of PHI by a covered entity to an entity such as a transit agency. Unless a disclosure of PHI is required by law (see Sections VIII.B.1 and VIII.B.2) Read the entire page →

From page 8...

... 8 [E] mployers often house large amounts of health information, but generally employers are not covered entities.

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From page 9...

... 9 • A pharmacy benefits manager that manages a health plan's pharmacist network.49 The question of whether an entity is a business associate of a covered entity is always "fact specific."50 HHS is clear that a business associate is one that requires access to PHI to perform certain activities or functions on behalf of a covered entity.51 Any person or entity "public or private[] who performs these functions or activities or services is a business associate for purposes of the HIPAA Rules, regardless of whether such person has other professional or privilege-based duties or responsibilities."52 HHS explains that a business associate generally is an agent of a covered entity if a business associate agreement grants the "covered entity the authority to direct the performance of the service provided by its business associate…."53 As explained by HHS in its final rule issued in January 2013: • A person becomes a business associate by definition, not by the act of contracting with a covered entity or otherwise (emphasis added)

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From page 10...

... 10 As stated, business associates include persons and entities that perform functions for or provide services to covered entities and need PHI to do so.60 A business associate may use or disclose PHI only in the same manner that a covered entity may use or disclose PHI.61 There is no provision in the HIPAA regulations that expressly or impliedly permit a disclosure of PHI by a covered entity to an entity such as a transit agency. Unless a disclosure of PHI is required by law (see Sections VIII.B.1 and VIII.B.2)

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