BC Advantage - 2024 Issue 2

Data Use Agreements: Utilization and Distinguishing from Business Associate Agreements

Any person in the healthcare industry knows or should learn that if they are considered a covered entity or business associate (including subcontractor), that creates, receives, maintains, and/or transmits protected health information (PHI), then a business associate agreement (BAA) is required. See 45 CFR §160.103, 45 CFR § 164.504. This is not a new phenomenon; in fact, it has been required for over 20 years.   Another document, a data use agreement (DUA), has also been around for over 20 years. A typical scenario is a clinical trial or other arrangement, which is neither permitted marketing...

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