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Are covered entities required to sign “business associate agreements” with MCR when they perform on-site abstracting and cancer data reporting?

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Are covered entities required to sign “business associate agreements” with MCR when they perform on-site abstracting and cancer data reporting?

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No. HIPAA requires business associate agreements with groups or individuals who carry out healthcare functions on behalf of the covered entities, but the MCR staff are acting on behalf of the state-mandated public health program when they provide on-site abstracting and reporting services. Therefore, they are not business associates.

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