QuestionQ144

The U.S. Privacy Environment

Which option accurately describes the parties’ relationship if they enter into a contract to use the app?

  • A Miraculous Healthcare would be the covered entity because its name and branding are on the app; MedApps would be a business associate because it is hosting the data that supports the app.
  • B MedApps would be the covered entity because it built and hosts the app and all the data; Miraculous Healthcare would be a business associate because it only provides its brand on the app.
  • C Miraculous Healthcare would be a covered entity because it is the healthcare provider; MedApps would also be a covered entity because the data in the app is being shared with it.
  • D Miraculous Healthcare would be the covered entity because it is the healthcare provider; MedApps would be a business associate because it is providing a service to support Miraculous.
Explanation

A health care provider is a HIPAA covered entity when it meets the applicable HIPAA transaction criteria. A separately operated vendor that hosts and supports software containing patient information for that provider performs services involving protected health information on the provider’s behalf and is a business associate. HHS specifically identifies a software company that hosts patient-information software on its own server as a business associate.

Learn more

Community Discussion

No comments yet. Be the first to start the discussion!