“To be or not to be,” that was the key question in William Shakespeare’s play, Hamlet.
A similar question arises regarding HIPAA privacy and security requirements: Whether a third-party administrator of COBRA needs to be, or not to be, viewed as a business associate. In order to do this, you must first determine if there is access to protected health information. If so, more than likely, the TPA
is a business associate.
What Exactly Is a Business Associate?
A business associate is defined as a person or entity, who, on behalf of a covered entity:
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