According to Degree Wellness, who owns the PHI?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
This Business Associate Agreement ("Agreement") is made and entered into this [Date] by and between:
WELLNESS PROVIDER THERAPIES, P.A., a professional medical association ("Covered Entity"), with offices located at 7901 4th St N, Ste 300, St. Petersburg, FL 33702 and [MSO], [Type of Corporation] ("Business Associate"). with offices located at FRANCHISEE ADDRESS.
(Covered Entity and Business Associate are sometimes individually referred to herein as a "Party" or collectively as the "Parties.")
RECITALS
WHEREAS, Business Associate has been engaged to provide certain services to Covered Entity pursuant to a separate agreement (the "Services Agreement"), and, in connection with those services, Covered Entity may need to disclose to Business Associate, or Business Associate may need to create on Covered Entity's behalf, certain Protected Health Information (as defined below) that is subject to protection under the Health Insurance Portability and Accountability Act of 1996, Public Law 104- 191 ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 ("HITECH Act"), and regulations promulgated thereunder by the U.S. Department of Health and Human Services to implement certain privacy and security provisions of HIPAA (the "HIPAA Regulations"), codified at 45 C.F.R. Parts 160 and 164; and
WHEREAS, pursuant to the HIPAA Regulations, all business associates (as defined at 45 C.F.R. § 160.103), including Business Associate, of Covered Entity, as a condition of doing business with Covered Entity, must agree in writing to certain mandatory provisions regarding the privacy and security of PHI.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the ownership of Protected Health Information (PHI) is addressed within the Business Associate Agreement. This agreement is between WELLNESS PROVIDER THERAPIES, P.A., identified as the "Covered Entity," and [MSO], referred to as the "Business Associate." The agreement specifies that the Covered Entity, WELLNESS PROVIDER THERAPIES, P.A., may need to disclose PHI to the Business Associate, [MSO], or the Business Associate may need to create PHI on the Covered Entity's behalf.
The Business Associate Agreement is required because the Business Associate, in this case [MSO], will be providing services to the Covered Entity, WELLNESS PROVIDER THERAPIES, P.A., and in doing so, will have access to or create Protected Health Information. This agreement ensures that the Business Associate adheres to HIPAA regulations regarding the privacy and security of PHI. The agreement is a condition of doing business between the Covered Entity and the Business Associate, ensuring compliance with federal laws and regulations.
In practical terms, this means that as a Degree Wellness franchisee, you (or your associated management services organization, [MSO]) will be required to enter into a Business Associate Agreement with WELLNESS PROVIDER THERAPIES, P.A. This agreement outlines the responsibilities and obligations regarding the handling of Protected Health Information, ensuring that all parties comply with HIPAA and HITECH Act regulations. Franchisees must understand and adhere to these requirements to maintain the privacy and security of patient information and avoid potential legal repercussions.