Do physicians with hospital privileges have to enter into business associate contracts with the hospital?
No. The hospital and such physicians participate in what the HIPAA Privacy Rule defines as an organized health care arrangement (OHCA). Thus, they may use and disclose protected health information for the joint health care activities of the OHCA without entering into a business associate agreement.
Related Questions
- Is a physician required to have business associate contracts with technicians such as plumbers, electricians or photocopy machine repairmen who provide repair services in a physician’s office?
- Does HHS really expect all covered entities and business associates to amend their business associate contracts within 180 days of the new Rules going into effect?
- Do physicians with hospital privileges have to enter into business associate contracts with the hospital?
