When To Use a HIPAA Confidentiality Agreement

By: Dr. Jeff Brown |

There are numerous situations in which a HIPAA business associate agreement (BAA) is not appropriate. Essentially, a BAA is never appropriate for use with a person or entity who is not actually your business associate. But, what are you supposed to do when a person has potential access to your patient information but they aren't a business associate? Naturally, you still want something in writing for protection. That something is called a confidentiality agreement.

The two most common scenarios in which a confidentiality agreement is applicable would be a cleaning service and office sharing or rental. In these cases, there is a person who is:

For anyone who fits the list above you will want a signed confidentiality agreement. This agreement should include sections pertaining to: confidentiality, compliance, reporting, and reimbursement. Here is a sample confidentiality agreement for your use.

DISCLAIMER: Because of the generality of this article, the information provided herein may not be applicable in every situation and should not be acted upon without specific legal advice.

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