Regarding PHI disclosures, what accounting obligations does Brightstar Care have under the Privacy Laws, specifically 45 C.F.R. § 164.528, concerning disclosures made by the Business Associate?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
gations under this Agreement or the Franchise Agreement.
- 5.4 Compliant Requests. Covered Entity will not request or cause Business Associate to make a Use or Disclosure of PH in a manner that does not comply with Privacy Laws.
- 5.5 Authorizations. Covered Entity will obtain all consents and authorizations necessary and/or required by law for Covered Entity and Business Associate to fulfill their obligations under applicable Privacy Laws and this Agreement.
- 5.6 Accounting of PHI Disclosures. Covered Entity will include in individual accountings requested under the Privacy Laws, including without limitation, 45 C.F.R.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the Covered Entity (franchisee) must include in individual accountings any disclosures made by Brightstar Franchising, LLC (Business Associate) to the extent such disclosures are made under Privacy Laws, including 45 C.F.R. § 164.528. This means that if Brightstar Care, as the Business Associate, discloses Protected Health Information (PHI), the franchisee is responsible for including these disclosures in the accountings they provide to individuals, as required by privacy regulations.
Brightstar Franchising, LLC, as the Business Associate, is obligated to document and report to the Covered Entity (franchisee) all disclosures of PHI that are required for the franchisee to provide an accounting under 45 C.F.R. § 164.528 and/or the Privacy Laws. If an individual directly requests such an accounting from Brightstar Franchising, LLC, they are required to direct the individual to contact the Covered Entity (franchisee). This ensures that the franchisee maintains control over the accounting process and can accurately track all disclosures of PHI.
This division of responsibility ensures compliance with HIPAA and other Privacy Laws. The franchisee, as the Covered Entity, is ultimately accountable for providing individuals with a comprehensive accounting of their PHI disclosures. Brightstar Franchising, LLC supports this by documenting and reporting their disclosures to the franchisee, and by redirecting individual requests for accounting to the franchisee. This coordinated approach helps to maintain transparency and protect patient privacy while adhering to legal requirements.