SESKStuff Everyone Should Know
SESK: Stuff Everyone Should Know · sesk.info/hipaa-ba-not-treating-provider

A clinic sends records to a specialist who will treat the patient. Is the specialist the clinic's business associate?

No, sharing with a provider for treatment doesn't create one.

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  1. Yes, a business associate agreement comes first
  2. No, treatment disclosures to providers don't make one ✔
  3. Only if the specialist is out of state

Why: The definition says a health care provider is not a business associate when a covered entity shares PHI with it about the patient's treatment. Providers share for treatment without a business associate agreement.

Huh, didn't know that: Treatment includes consultations between providers and referrals from one provider to another.

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What do you call a line of people waiting for a haircut? A barberqueue.
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References

Answer: No, treatment disclosures to providers don't make one. The definition says a health care provider is not a business associate when a covered entity shares PHI with it about the patient's treatment. Providers share for treatment without a business associate agreement.

  1. 45 CFR 160.103 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-A/section-160.103
    A health care provider, with respect to disclosures by a covered entity to the health care provider concerning the treatment of the individual.
    Checked 2026-10-10.
  2. 45 CFR 164.501 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.501
    consultation between health care providers relating to a patient; or the referral of a patient for health care
    Checked 2026-10-10.

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Work SkillsA clinic hires an outside company to handle its insurance billing using patient records. What is that company under HIPAA?Work SkillsA business associate hires a subcontractor that will handle PHI. Who must get the subcontractor's written assurances?Work SkillsWhen a business associate contract ends, what must happen to the PHI the business associate still holds, if feasible?

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