Who is considered a business associate under HIPAA?

A business associate under HIPAA (Health Insurance Portability and Accountability Act) is defined as anyone who performs functions or activities on behalf of, or provides certain services to, a covered entity that involves the use or disclosure of protected health information (PHI). This broad definition includes a wide range of individuals and organizations that are not part of the covered entity's workforce but still handle or process PHI in the course of their work.

For instance, this encompasses various service providers such as billing companies, IT services, lawyers, consultants, and anyone else who may have access to patient health information while providing services. This classification is critical because it places obligations on business associates to comply with data protection standards and stipulates the need for a business associate agreement (BAA) to outline how PHI will be handled and protected.

The other options are more restrictive and do not capture the full scope of who can be considered a business associate. Simply limiting it to non-profit organizations, employees only, or only healthcare providers fails to recognize the various roles that external entities can play in the healthcare ecosystem that involves PHI. Thus, recognizing that anyone performing functions for a covered entity could constitute a business associate is key to understanding the compliance responsibilities under HIPAA.