Is the Department of Health a Business Associate of a covered entity?
No. Generally, the DOH does not perform services, functions or activities solely or primarily “for or on behalf of” other organizations. Although the Department of Health services, functions and activities benefit other organizations, the department’s work primarily supports the agency’s mission, “. . . to protect and improve the Health of people in Washington state.” Example: DOH and Local Health Jurisdictions (LHJ’s) work together to provide services to the community. In many cases, the LHJ provides individually identifiable health information to DOH. DOH uses this information for many purposes beneficial to both organizations. DOH views this use of information as essential to fulfilling its mission and therefore not primarily “for or on behalf” of the LHJ. This cooperative and interdependent relationship does not make DOH a business associate of LHJ. Example: DOH sometimes helps in the support of computer systems jointly used by the DOH and other organizations. Even though there may
Related Questions
- Does a Business Associate (an agent) need to report a breach to HHS or should it be reported to the carrier (a covered entity) and the covered entity report to HHS?
- May a covered entity share protected health information directly with another covered entity’s business associate?
- Is the Department of Health a Business Associate of a covered entity?
