RE: Board of Directors - Workforce or Business Associates?

2003-01-16 Thread Leslie C Bender









How are
organizations classifying Board of Directors or Trustee members? Workforce -- or since they are not
under the direction of the covered entity, but have a need from
time to time, to receive PHI, or might they better be classified as business
associates and need a business associate agreement?

Leslie C.
Bender 

General
Counsel/Privacy Official 
The ROI Companies 
1922
  Greenspring Drive, Suite 7 
Timonium, Maryland 21093 












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RE: Board of Directors - Workforce or Business Associates?

2003-01-16 Thread Matthew Rosenblum











Leslie,



A
Corporation's charter and bylaws would control how the Board may
function. Consequently, the Board could be construed as part of the
workforce.



Further,
in the Preamble to the (initial) Final Privacy rules, HHS notes that,
independent contractors may or may not be workforce members.
However, for compliance purposes we will assume that such personnel are members
of the workforce if no business associate contract exists.



I hope that this helps.



Your questions are always welcome.



Matt



Matthew
Rosenblum

Chief Operations Officer

Privacy, Quality Management 
Regulatory Affairs

http://www.CPIdirections.com



CPI Directions, Inc.

10 West 15th Street, Suite 1922

New York, NY 10011



(212) 675-6367

[EMAIL PROTECTED]



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-Original Message-
From: Leslie C Bender
[mailto:[EMAIL PROTECTED]] 
Sent: Thursday,
 January 16, 2003 4:12 PM
To: WEDI SNIP Privacy Workgroup
List
Cc: 'Drexler, Deborah (EHS)'
Subject: RE: Board of Directors -
Workforce or Business Associates?



How are organizations classifying Board of Directors
or Trustee members? Workforce -- or since they are not under the
direction of the covered entity, but have a need from time to time, to
receive PHI, or might they better be classified as business
associates and need a business associate agreement?

Leslie C. Bender 

General Counsel/Privacy Official 
The ROI Companies 
  1922 Greenspring Drive, Suite 7
 
  Timonium, Maryland 21093 









---
The WEDI SNIP listserv to which you are subscribed is not moderated. The
discussions on this listserv therefore represent the views of the individual
participants, and do not necessarily represent the views of the WEDI Board of
Directors nor WEDI SNIP. If you wish to receive an official opinion, post your
question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/.
These listservs should not be used for commercial marketing purposes or
discussion of specific vendor products and services. They also are not intended
to be used as a forum for personal disagreements or unprofessional
communication at any time.

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at http://subscribe.wedi.org 




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The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/.   These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services.  They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.

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