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I want to hire the intended recipient of a limited data set to also create the limited data set as my business associate. Can I combine the data use agreement and business associate contract?

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I want to hire the intended recipient of a limited data set to also create the limited data set as my business associate. Can I combine the data use agreement and business associate contract?

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Yes. A data use agreement can be combined with a BA into a single agreement that meets the requirements of both provisions of the HIPAA Privacy Rule. In the above situation, because the CE is providing the recipient with PHI that includes direct identifiers, a BA agreement would be required in addition to the data use agreement to protect the information.

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