HIPAA: Physician Practice and a Hospice

Q: Is it necessary for a physician practice and a hospice organization to have a business associates (BA) agreement? It seems that a BA agreement would be unnecessary, because both parties are covered entities, but we can't find the specific regulation that addresses the situation.

A: Any covered healthcare provider may share PHI with another healthcare provider for treatment purposes without a BA agreement. Refer to 45 CFR 164.502(e)(1) in the privacy rule.

Because the privacy rule does not specifically address many questions that arise in practice, the Office of Civil Rights (OCR) provides helpful answers to many questions on its Web site. Visit www.hhs.gov/ocr/hipaa to review these frequently asked questions. Under "Educational Materials," select "Your Frequently Asked Questions on Privacy." You can also search the OCR Web site using keywords. For example, searching for "business associates" will help you find the answer to this question.

HcPro publishes the HIPAA Weekly Advisor, a free, weekly e-mail newsletter and also publishes the premium monthly newsletter Briefings on HIPAA (BOH).

About the Author

Reed Tinsley CPA

This article is written by Reed Tinsley, a Houston, TX-based CPA with over 30 years of experience advising physicians and medical practices across Texas and the United States. Reed holds certifications as a Certified Valuation Analyst (CVA), Certified Healthcare Business Consultant (CHBC), and Certified Financial Planner (CFP), specializing exclusively in the healthcare sector. He is a published author, nationally recognized speaker, and trusted advisor to physicians on accounting & tax, practice management, and financial planning. Schedule a Free Consultation.