If you are opening an account
on behalf of a business entity, documents relating to the business may also be requested.
Client uses one or more email addresses from a free email service (e.g., Gmail ™, MSN ®, Yahoo! ®) when the matter is
on behalf of a business entity that you expect would have its own email address.
Not exact matches
Services are available only to individuals who are at least 13 years old, whether acting
on their own
behalf or as an authorized employee or representative
of a corporation or other
business entity.
When the buyer
of a firearm is a corporation, company, association, partnership, or other such
business entity, an officer authorized to act
on behalf of the
business must complete Section A
of the form with his or her personal information, sign Section A, and attach a written statement, executed under penalties
of perjury, stating: (A) the firearm is being acquired for the use
of and will be the property
of that
business entity and (B) the name and address
of that
business entity.
Robert Barrack dedicates his practice to complex construction and commercial litigation and appeals, including contractual disputes, professional negligence, surety bond claims, subrogation claims, mechanics» liens,
business torts, unfair trade practices, bad faith claims, product liability, and real property disputes, as well as construction transactions,
on behalf of businesses, public
entities, educational institutions, and individuals.
ramifications
of choosing one form
of business entity over another (partnership, say, over a corporate form), or a Realtor from helping a buyer or seller fill out listing or offer forms, or anyone who is not a lawyer from negotiating
on another's
behalf pretty much any kind
of legally binding agreement whatsoever.
Both Deborah Dixon and Robert Chambers have significant experience litigating complex, multi-party lawsuits against
entities and insurance companies
on behalf of individuals and
businesses.
Business associates are individuals or organizations that perform certain services involving the use
of protected health information
on behalf of a HIPAA - covered
entity.
In the firm's trial practice, they have represented manufacturers and sellers
of industrial, commercial and consumer products; property and
business owners and contractors; nationally known retail chains; bus and trucking companies and those in the logistics
business; financial
entities and pursue creditor's rights; insurers in coverage actions and prosecute declaratory judgment actions
on their
behalf.
Unlike law firms, which operate as revenue - raising profit centers, corporate legal departments are cost centers, spending corporate dollars to defend lawsuits filed against the company, negotiate
business transactions and perform a wide range
of legal services
on behalf of the parent corporation and its
business entities.
Experienced with both big
business and small public
entities, Bill offers practical solutions when acting
on behalf of employers for certification issues, collective bargaining, grievance and interest arbitration and employment standards.
Response: Collection agencies and case managers are
business associates to the extent that they provide specified services to or perform functions or activities
on behalf of a covered
entity.
However, a device manufacturer that does not provide «health care» must be a
business associate
of a covered
entity if that manufacturer receives or creates protected health information in the performance
of functions or activities
on behalf of, or the provision
of specified services to, a covered
entity.
(H) Make its internal practices, books, and records relating to the use and disclosure
of protected health information received from, or created or received by the
business associate
on behalf of, the covered
entity available to the Secretary for purposes
of determining the covered
entity's compliance with this subpart; and
(D) Ensure that any agents, including a subcontractor, to whom it provides protected health information received from, or created or received by the
business associate
on behalf of, the covered
entity agrees to the same restrictions and conditions that apply to the
business associate with respect to such information;
We note that there may be other instances in which a
business associate may combine or aggregate protected health information received in its capacity as a
business associate
of different covered
entities, such as when it is performing health care operations
on behalf of covered
entities that participate in an organized health care arrangement.
(2) A covered
entity participating in an organized health care arrangement that performs a function or activity as described by paragraph (1)(i)
of this definition for or
on behalf of such organized health care arrangement, or that provides a service as described in paragraph (1)(ii)
of this definition to or for such organized health care arrangement, does not, simply through the performance
of such function or activity or the provision
of such service, Start Printed Page 82799become a
business associate
of other covered
entities participating in such organized health care arrangement.
Similarly, authorizations requested by a
business associate
on behalf of a covered
entity to accomplish the disclosure
of protected health information to that
business associate or covered
entity as described in § 164.508 (e) must meet the requirements
of that provision.
We do not consider a financial institution to be acting
on behalf of a covered
entity, and therefore no
business associate contract is required, when it processes consumer - conducted financial transactions by debit, credit or other payment card, clears checks, initiates or processes electronic funds transfers, or conducts any other activity that directly facilitates or effects the transfer
of funds for compensation for health care.
For example, a
business associate performing a function under health care operations
on behalf of an organized health care arrangement would be permitted to combine or aggregate the protected health information obtained from covered
entities participating in the arrangement to the extent necessary to carry out the authorized activity and in conformance with its
business associate contracts.
A covered
entity that is undertaking payment activities
on behalf of different covered
entities also may use or disclose protected health information obtained as a
business associate
of one covered
entity when undertaking such activities as a
business associate
of another covered
entity where the covered
entities have authorized the activities and where they are necessary to secure payment for the
entities.
Various successful collections
on accounts receivable
on behalf of various
business entities, including a national laboratory performing blood testing.
However, if the same provider maintains an account through which he / she cashes checks from patients, no
business associate contract would be necessary because the bank's activities are not undertaken for or
on behalf of the covered
entity, and fall within the scope
of section 1179.
(ii) If a
business associate is required by law to perform a function or activity
on behalf of a covered
entity or to provide a service described in the definition
of business associate in § 160.103
of this subchapter to a covered
entity, such covered
entity may disclose protected health information to the
business associate to the extent necessary to comply with the legal mandate without meeting the requirements
of this paragraph (e), provided that the covered
entity attempts in good faith to obtain satisfactory assurances as required by paragraph (e)(3)(i)
of this section, and, if such attempt fails, documents the attempt and the reasons that such assurances can not be obtained.
Response: To the extent that a disease or case manager provides services
on behalf of or to a covered
entity as described in the rule's definition
of business associate, the disease or case manager is a
business associate for purposes
of this rule.
The mere provision
of software to a covered
entity would not appear to give rise to a
business associate relationship, although if the vendor needs access to the protected health information
of the covered
entity to assist with data management or to perform functions or activities
on the covered
entity's
behalf, the vendor would be a
business associate.
These oversight agencies are not performing services for or
on behalf of the covered
entities and so are not
business associates
of the covered
entities.
We note that we do not consider a financial institution to be acting
on behalf of a covered
entity, and therefore no
business associate contract is required, when it processes consumer - conducted financial transactions by debit, credit or other payment card, Start Printed Page 82505clears checks, initiates or processes electronic funds transfers, or conducts any other activity that directly facilitates or effects the transfer
of funds for compensation for health care.
The changes clarify that the
business association occurs when the right to use or disclose the protected health information belongs to the covered
entity, and another person is using or disclosing the protected health information (or creating, obtaining and using the protected health information) to perform a function or activity
on behalf of the covered
entity.
We note that, where a covered
entity is acting as a
business associate
of another covered
entity, the
business associate covered
entity is acting for or
on behalf of the principal covered
entity, and its actions for or
on behalf of the principal covered
entity are authorized by the consent obtained by the principal covered
entity.
Response: As stated in § 164.504 (e)(2),
business associates are acting
on behalf of, or performing services for, the covered
entity and may not, with two narrow exceptions, use or disclose protected health information in a manner that would violate this rule if done by the covered
entity.
We proposed to define the term «
business partner» to mean, with respect to a covered
entity, a person to whom the covered
entity discloses protected health information so that the person can carry out, assist with the performance
of, or perform
on behalf of, a function or activity for the covered
entity.
These changes, however, do not permit a covered
entity to disclose protected health information to third parties for marketing (other than to a
business associate to make a marketing communication
on behalf of the covered
entity) without authorization under § 164.508.
A covered
entity may disclose protected health information to a
business associate, consistent with the other requirements
of the final rule, as necessary to permit the
business associate to perform functions and activities for or
on behalf of the covered
entity, or to provide the services specified in the
business associate definition to or for the covered
entity.
(I) At termination
of the contract, if feasible, return or destroy all protected health information received from, or created or received by the
business associate
on behalf of, the covered
entity that the
business associate still maintains in any form and retain no copies
of such information or, if such return or destruction is not feasible, extend the protections
of the contract to the information and limit further uses and disclosures to those purposes that make the return or destruction
of the information infeasible.
These changes mean that § 164.502 (e) requires a
business associate contract (or other arrangement, as applicable) not only when the covered
entity discloses protected health information to a
business associate, but also when the
business associate creates or receives protected health information
on behalf of the covered
entity.
While we permit uses or disclosures
of protected health information for a variety
of purposes,
business associate contracts or other arrangements are only required for those cases in which the covered
entity is disclosing information to someone or some organization that will use the information
on behalf of the covered
entity, when the other person will be creating or obtaining protected health information
on behalf of the covered
entity, or when the
business associate is providing the specified services to the covered
entity and the provision
of those services involves the disclosure
of protected health information by the covered
entity to the
business associate.
For example, if a covered
entity does not disclose or receive from its
business associate any protected health information and no protected health information is created or received by its
business associate
on behalf of the covered
entity, then the
business associate requirements
of this rule do not apply.
Authorizations requested by a
business associate
on the covered
entity's
behalf and that authorize the use or disclosure
of protected health information by the covered
entity or the
business associate must meet the requirements in § 164.508 (d).
Response: The final rule retains the general requirement that, subject to the exceptions below, a covered
entity must enter into a
business associate contract with another covered
entity when one is providing services to or acting
on behalf of the other.
168 DOS 98 Matter
of DOS v. Briggs — due process; failure to appear at hearing; proper
business practices; ex partehearing may proceed upon proof
of proper service; licensee changed location
of principal place
of business without notice to DOS and operated a real estate brokerage
business under an unlicensed name; real estate services rendered
on behalf of an unlicensed
entity are illegal; $ 500.00 fine, failure to timely pay fine will result in suspension