Are janitorial services business associates?
Response: Generally, janitorial services that clean the facilities of a covered entity (i.e., a health care provider, health plan or health care clearinghouse) are not business associates because the work they perform for covered entities does not involve the use or disclosure of protected health information, and any disclosure of protected health information to janitorial personnel that occurs in the performance of their duties (such as may occur while emptying trash cans) is limited in nature, occurs as a by-product of their janitorial duties, and could not be reasonably prevented. Such disclosures are incidental and permitted by the Privacy Rule. See 45 C.F.R. ยง 164.502(a)(1). If a service is hired to do work for a covered entity where disclosure of protected health information is not limited in nature (such as routine handling of records or shredding of documents containing protected health information), it likely would be a business associate. However, when such work is performed
