(2) members of the personnel of an undertaking. Employees of an enterprise are not business partners of the enterprise, including “employees, volunteers, interns and other persons whose conduct in the performance of work is under the direct control of an enterprise or counterparty, whether or not they are paid by the enterprise or counterparty concerned”.; (45 CFR 160.103). In order to avoid counterparties` obligations, contractors may try to be classified as staff members of the covered undertaking. The OCR stated: (a) Business Associate. “Counterparty” generally has the same meaning as the term “counterparty” in 45 CFR 160.103 and means, with respect to the party to the Agreement, CarePaths, Inc. exceptions to the Business Associate Standard. The confidentiality rule contains the following exceptions to the counterparty standard. See 45 CFR 164.502(s). In such situations, the entity concerned shall not be required to enter into a counterparty contract or any other written agreement before the protected health information can be transmitted to the natural or legal person. (6) undertakings which perform management or management functions for counterparties. Covered companies may allow counterparties to use IHP for the management and management of the counterparty or for legal liabilities. (45 CFR 164.504 (e) (4)). If so, (1) the date on which this Agreement took place on September 23 will be renewed or amended on September 1, 2013; or what is a “partner”? `counterparty` means any natural or legal person who performs certain functions or activities involving the use or disclosure of protected health information on behalf of an undertaking concerned or the services provided to that undertaking.
A staff member of the covered company is not a business partner. An insured health care provider, health plan or health care clearing house may be a counterparty to another covered entity. The data protection rule lists certain functions or activities as well as the respective services that make a natural or legal person a counterparty when the activity or service involves the use or disclosure of protected health information. The types of functions or activities that may make a natural or legal person a counterparty include payment or health activities, as well as other functions or activities governed by the administrative simplification rules. (H) To the extent that the counterparty is required to fulfil the obligation of a covered entity under this Subsection, you shall, in performing that obligation, fulfil the requirements of this subparagraph that apply to the covered entity. the aggregation of data, in respect of protected health information produced or received by a counterparty in its capacity as counterparty to a relevant undertaking, the combination of such health information protected by the counterparty and protected health information obtained by the counterparty in its capacity as counterparty to another relevant undertaking; to enable the analysis of the healthcare data of the companies collected. (iii) a statement that, if the person does not report a statement of disagreement, the person concerned may require the entity concerned to provide the person`s request for modification and the refusal of any future disclosure of the protected health information that is the subject of the modification; and as to what it means to have `routine access` to [PHI] in order to determine which types of data transmission services are counterparties to mere channels, such a provision will be specific to the facts, depending on the nature of the services provided and the extent to which the undertaking needs access to [PHI] to provide the service to the undertaking concerned. . .