Vendor's Name: ____________________________________
1.-Is the vendor a person or entity? Person (Individual): __; Entity: __
2.-Does the vendor perform certain functions or activities that involve the use or disclosure of PHI, on behalf of the HIPAA Covered Entity? __
Or, 3.-Does the vendor provide services to the HIPAA Covered Entity? __
4.-Is the vendor a member of the HIPAA Covered Entity's workforce? __
Determination: The vendor is a business associate if responses to 2.-) OR 3.-) is "Yes", AND 4.-) is "No". Therefore, the HIPAA Covered Entity MUST enter into a Business Associate Agreement (BAA) with the Business Associate (Vendor).
Otherwise, the vendor is not a Business Associate. No Business Associate Agreement (BAA) is required for this vendor.
Comments