What is a HIPAA Business Associate or Vendor?

A HIPAA business associate (sometimes referred to as a “HIPAA vendor”) is: 

“[A] person or entity, other than a member of the workforce of a covered entity who performs functions or activities on behalf of, or provides certain services to, a covered entity that involves access by the business associate to protected health information. A [BA] also is a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another [BA].”

Specifically, if a vendor is performing a function, activity, or service on or behalf of a covered entity, and that function, activity, or service involves the vendor’s creation, transmission, receipt, or maintenance of PHI, the vendor is a HIPAA business associate.

Business associate functions and activities include: claims processing or administration; data analysis, processing or administration; utilization review; quality assurance; billing; benefit management; practice management; and repricing.  Business associate services are: legal; actuarial; accounting; consulting; data aggregation; management; administrative; accreditation; and financial. 

Examples of Business Associates include (but are not limited to):

1. Managed Service Providers (MSPs) - because of the access these/IT providers will have to a covered entity's electronic protected health information.

2. A third party administrator that assists a health plan with claims processing. 

3. A CPA firm whose accounting services to a health care provider involve access to protected health information. 

4. An attorney whose legal services to a health plan involve access to protected health information. 

5. A consultant that performs utilization reviews for a hospital. 

6. A health care clearinghouse that translates a claim from a non-standard format into a standard transaction on behalf of a health care provider and forwards the processed transaction to a payer. 

7. An independent medical transcriptionist that provides transcription services to a physician. 

8. A pharmacy benefits manager that manages a health plan’s pharmacist network. 

If a business associate is performing these functions, activities, or services on behalf of another business associate (who, in turn, is performing these functions, activities, or services on behalf of a covered entity), the business associate performing the functions on behalf of the other business associate, is referred to as a business associate subcontractor. Both business associates and business associate subcontractors must comply with HIPAA.