Do I need a BAA with my cleaning company?

Provided by:  Jennifer Kirschenbaum, Esq.

January 25, 2018

Question:

Hi Jennifer, 

Do I need a business associate agreement with my cleaning company?

Thanks, 
Dr. O

Answer:

Yes, unless the cleaning company and their personnel have absolutely no access to any protected health information whatsoever. This is unlikely as the individuals cleaning your practice have more than incidental access to protected health information.  In most instances, cleaning people are in a covered entity's space with no oversight for extensive periods of time where they may access protected health information.  Even where such access is not intentional, protected health information may accidentally be disposed of by the cleaners, or otherwise misappropriated, and without a proper business associate agreement you may be facing unwarranted exposure.  Make sure your business associate agreement has an indemnification provision, which shifts financial responsibility to the cleaning company if liability is their fault. 

To order our standard business associate agreement with indemnification, check out www.healthcarepracticecompliance.com.