Business associate agreements
Compliance Monitor, March 17, 2006
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Q: We have a business health department at our hospital that performs pre-employment testing for about 800 employers in the area. Results of drug testing, etc., are sent to employers. Do we need to have a business associate agreement (BAA) with the employers?
A: In this situation a BAA is not required with these employers. These employers are requesting this testing as part of their employment policies and the results are considered employment records so no BAA is required.
Thanks to Martha P. Baxter an attorney with BRICKER AND ECKLER LLP's quality management consulting group, in Columbus, OH for answering this week's question.
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