What is a business associate under HIPAA?

A business associate under HIPAA is defined as a person or entity that performs functions or activities on behalf of a covered entity that involves the use or disclosure of protected health information (PHI). This can include various services such as billing, data analysis, or processing claims, where access to PHI is necessary. The identification of business associates is crucial because they are subject to specific privacy and security requirements to ensure the protection of health information, in line with HIPAA regulations. The relationship entails a contractual agreement that outlines how the business associate will manage and protect PHI.

In contrast, a patient who shares their information does not fit this definition, as they are the source of PHI rather than a handler of it. A healthcare patient advocate's role is typically to help patients navigate the healthcare system and advocate for their needs, rather than handling PHI in a way that qualifies them as a business associate. Similarly, a healthcare regulatory body’s function involves oversight and regulation of the healthcare industry, rather than acting in a capacity that manages PHI in the manner specified for business associates.