Is a company that provides encrypted cloud storage for a covered entity a BA if it does not have the encryption key and has no ability to access the IIHI?
A business associate provides no medical advice, medical services, medical devices, etc. But it talks to patients of the covered entity. Those patients tell the business associate what prescriptions they have for prescription drugs and when they must be refilled. The business associate faxes the refill request to the pharmacy. Does that make the business associate a covered entity?
A consumer focused app receives a request from one of its users, a hospital, for a customization of the product. The customization is created in response to the user request and treated the same as other requests. The app developer then makes it available to their entire user base, not just the requester, and no fee is paid. Does this make the app developer a business associate of the covered entity?
If so, can the patient give the provider consent to use a third-party mailing service, even if the provider (or business associate of the provider) does not have a business associate agreement... more »
What we are trying to understand is if all the members of the IPA agree to use the same EHR for the same shared group of patients... more »