Covered Entities & Business Associates
Covered Entities encompass health plans, healthcare clearing houses, and healthcare providers that
electronically transmit any form of health information included under US Department of Health & Human
Services standards. A Business Associate is any organisation or person working with, or providing services
to, a Covered Entity that handles or discloses Personal Health Information (PHI) or Personal Health Records
(PHR).
Individuals, organisations, and agencies meeting the definition of a Covered Entity under HIPAA must protect
the privacy and security of health information and provide individuals with certain rights with respect to
their health information. If a Covered Entity engages a Business Associate to help it carry out its
healthcare activities and functions, it must have a written Business Associate contract to ensure the
Business Associate also complies with the Rules’ requirements.
How does this apply to Aculab
The PMA and EHR services provided by Aculab’s customers clearly
include management and administration services, both of which are
included in the list of services identified in the Privacy Rule, and the
transmission of e-PHI. Customers use Aculab Cloud for a variety of
solutions, including those involving patient management, advisory, care,
diagnosis, results, rehabilitation, messenger, and information systems.
Aculab, as the operator of Aculab Cloud is not a Covered Entity and
Aculab’s healthcare customers may not be Covered Entities. However,
an Aculab customer performing functions or activities that involve the use
or disclosure of e-PHI, by providing services to a Covered Entity is, by
definition, a Business Associate.
The relationship between a Covered Entity and a Business Associate is
through a BAA. In the case of a service provider to a Business Associate,
the service provider becomes a Business Associate and, for the purpose
of the BAA, the other party becomes a Covered Entity. That means
Aculab is the Business Associate and its customer is the Covered Entity.