{"id":289,"date":"2017-06-23T02:36:34","date_gmt":"2017-06-23T06:36:34","guid":{"rendered":"http:\/\/eagleassociates.net\/news\/?p=289"},"modified":"2017-06-23T02:37:26","modified_gmt":"2017-06-23T06:37:26","slug":"confidentiality-agreements-with-vendors","status":"publish","type":"post","link":"https:\/\/eagleassociates.net\/news\/2017\/06\/confidentiality-agreements-with-vendors\/","title":{"rendered":"Confidentiality Agreements with Vendors"},"content":{"rendered":"

Vendors that do not access, use, or disclose patient information will not be considered business associates.<\/em><\/p>\n

There are certain types of vendors that do not require access to patient information in order to perform a service for your practice.\u00a0 Vendors that do not<\/strong><\/em> access, use, or disclose patient information will not be considered business associates. It would be a mistake to have them sign a business associate agreement, because such an agreement involves obligations that do not apply to a vendor that you do not intentionally provide with access to patient information. However, if a vendor will not be supervised (and works in areas where patient information could be accessed), or comes into the facility after hours when no one is there, there are steps you should take to protect the confidentiality of patient information.<\/p>\n

Neither the Privacy Rule nor Security Rule specifically mandates the use of a \u201cVendor Confidentiality Agreement\u201d with vendors that are not business associates.\u00a0 However, the agreement is designed to help you ensure that your PHI is not improperly accessed, used, or disclosed by the vendor. \u00a0A signed confidentiality agreement demonstrates that you have taken steps to inform the vendor that any incidentally viewed PHI must be kept confidential and not used or disclosed.<\/p>\n

The most common examples of vendors that should sign a Confidentiality Agreement are contracted cleaning services and landlords, because they often come into the facility when you are not there.\u00a0 If you have a cleaning service, but they are only present when you are in the facility, or your landlord never enters without you being present, a vendor confidentiality agreement may not be necessary.<\/p>\n

Similarly, an agreement is not needed with vendors such as pharmaceutical reps, who come into the practice, are escorted to a location to meet with someone, and are supervised during their visit.\u00a0 However, if the rep stocks sample cabinets independently, and those cabinets are located in areas in which patient information could be viewed, then it would be wise to put a vendor confidentiality agreement in place.<\/p>\n

Other safeguards to consider include:<\/p>\n