What limits a Business Associate from disclosing PHI?

A Business Associate's limitations on disclosing Protected Health Information (PHI) stem from regulatory guidelines and their specific agreement with a covered entity, often referred to as a Business Associate Agreement (BAA). This agreement outlines the permissible uses and disclosures of PHI, adhering to the requirements set forth by the Health Insurance Portability and Accountability Act (HIPAA) and its regulations.

These regulations are put in place to ensure that PHI is protected at all times and that any disclosure of this sensitive information aligns with the intent of HIPAA, which seeks to uphold patient privacy. The agreement between the covered entity and the Business Associate further reinforces these stipulations, establishing the legal framework that the Business Associate must follow to safeguard PHI.

While internal policies may exist within an organization, they do not solely govern the handling of PHI. Regulatory guidelines provide the overarching legal requirements that must be observed, making the agreement between the two parties crucial for compliance. Additionally, patient preferences and federal laws also play a significant role, but they do not represent the comprehensive framework that dictates a Business Associate's obligations as well as the combination of regulatory guidelines and their specific agreement does.