Hearing Health Providers

The Department of Health and Human Services’ Office for Civil Rights (“OCR”) has issued guidance that specifically addresses whether a Telecommunications Relay Service (“TRS”) Provider, such as CaptionCall is required to enter into a business associate agreement with a health care provider or other HIPAA covered entity. OCR has concluded that “a business associate contract is not required” when a covered health care provider and a patient communicate through TRS. No business associate agreement is required because the TRS [provider] “is not acting for or on behalf of the covered entity and is not the covered entity’s business associate.” CaptionCall is also not a “business associate” when it accepts a certification for a new user. The certification generally will be transmitted to CaptionCall pursuant to the express, written consent of the patient, which likely eliminates the need for a business associate agreement. CaptionCall is receiving patient information in order to provide relay services to the patient.