What must a covered entity do before disclosing PHI to a business associate?

A covered entity must enter into a written business associate agreement before disclosing Protected Health Information (PHI) to a business associate. This requirement is part of the Health Insurance Portability and Accountability Act (HIPAA) regulations, which aim to protect the privacy and security of individuals' health information.

The business associate agreement outlines how the business associate will use and protect the PHI and establishes the responsibilities of both the covered entity and the business associate regarding compliance with HIPAA. This agreement is critical because it ensures that the business associate is legally bound to maintain the confidentiality of the PHI and to use it only for the purposes specified in the agreement, thereby reducing the risk of unauthorized disclosures.

Opting for verbal consent or notifying the Department of Health does not fulfill the legal requirements of safeguarding PHI when sharing it with business associates, and posting a public notice does not constitute an appropriate measure for this particular situation. The business associate agreement is a fundamental element of compliance with HIPAA and is essential for mitigating risks associated with the handling of PHI.