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.
Chief Operations Officer
Privacy, Quality Management & Regulatory Affairs
CPI Directions, Inc.
10 West 15th Street, Suite 1922
New York, NY 10011
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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
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- RE: Board of Directors - Workforce or Business Associate... Leslie C Bender
- Re: Board of Directors - Workforce or Business Asso... Matthew Rosenblum
- Re: Board of Directors - Workforce or Business Asso... Brenda Olson