Provided by: Jennifer Kirschenbaum, Esq.
June 13, 2019
Does my cleaning company need to sign a Business Associate Agreement? They are in our space unsupervised.
Yes, absolutely. The cleaning company should enter into a business associate agreement. Their personnel are in the premises unsupervised, as you point out, and has access to all patient PHI. If you do not have a basic BAA for use, you can get one from our forms page, here - http://kirschenbaumesq.com/page/practice-compliance. Any party with more than "incidental" access needs to sign a BAA.
For a deeper dive on HIPAA and access to PHI, check out Tuesday's webinar (CONDUCTING AND IMPLEMENTING SECURITY RISK ASSESSMENT RECOMMENDATIONS)
available HERE: https://www.youtube.com/embed/8_djEyIqtyc?rel=0.