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Business Associate Status Determination?

Updated: Dec 23, 2023

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.

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