For what purposes can a Brightstar Care Business Associate use and disclose PHI?

According to Brightstar Care's 2025 Franchise Disclosure Document, a Business Associate, such as Brightstar Franchising, LLC, has specific permissions and restrictions regarding the use and disclosure of Protected Health Information (PHI). The Business Associate may de-identify PHI in compliance with Privacy Laws and use this de-identified information as permitted by law. They are also allowed to use and disclose PHI for management and administrative purposes, provided they comply with all applicable Privacy Laws and the Covered Entity's obligations under 45 CFR Part 164.

When disclosing PHI to subcontractors or third parties, the Business Associate must ensure that these entities execute a written Business Associate Agreement, agreeing to the same restrictions and conditions. If a Business Associate Agreement is not required by Privacy Laws, the Business Associate must obtain reasonable assurances that the PHI will be kept confidential and used only as required by law or for the purposes for which it was disclosed, and that any compromise of PHI will be promptly reported.

However, the Business Associate is prohibited from directly or indirectly receiving remuneration in exchange for any PHI and cannot use or disclose PHI for fundraising or marketing purposes without prior written consent from the Covered Entity and in accordance with applicable Privacy Laws. These stipulations ensure that Brightstar Care franchisees handle sensitive health information responsibly and ethically, in compliance with privacy regulations.