The following information is excerpted from the U.S. Department of Health and Human Services' website. It explains why SendThisFile is not considered a "business associate" under the HIPAA Privacy Rule.
OCR HIPAA Privacy
December 3, 2002
Revised April 3, 2003
[45 CFR 164.502(e), 164.504(e), 164.532(d) and (e)]
By law, the HIPAA Privacy Rule applies only to covered entities - health plans, health care clearinghouses, and certain health care providers. However, most health care providers and health plans do not carry out all of their health care activities and functions by themselves. Instead, they often use the services of a variety of other persons or businesses. The Privacy Rule allows covered providers and health plans to disclose protected health information to these "business associates" if the providers or plans obtain satisfactory assurances that the business associate will use the information only for the purposes for which it was engaged by the covered entity, will safeguard the information from misuse, and will help the covered entity comply with some of the covered entity's duties under the Privacy Rule. Covered entities may disclose protected health information to an entity in its role as a business associate only to help the covered entity carry out its health care functions - not for the business associate's independent use or purposes, except as needed for the proper management and administration of the business associate.
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Other Situations in Which a Business Associate Contract Is NOT Required.
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X With a person or organization that acts merely as a conduit for protected health information, for example, the US Postal Service, certain private couriers, and their electronic equivalents.