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]

 

CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please do not distribute it.  Please notify the sender by E-Mail at the address shown and delete the original message. Thank you.

 

AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del individuo o la entidad a la cual se dirige y puede contener información privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si usted ha recibido esta comunicación por error, por favor no lo distribuya.  Favor notificar al remitente del E-Mail a la dirección mostrada y elimine el mensaje original. Gracias.

 

-----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

 

 

 

 

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