factual

Besides Data Aggregation or Administrative activities, what uses or disclosures of PHI is Degree Wellness prohibited from requesting of the Business Associate?

Degree_Wellness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (d) Requested Uses or Disclosures of PHI. Except for Data Aggregation or Administrative and administrative activities of Business Associate, Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Regulations if done by Covered Entity.

Source: Item 23 — Receipts (FDD pages 66–257)

What This Means (2025 FDD)

According to Degree Wellness's 2025 Franchise Disclosure Document, Degree Wellness, as the Covered Entity, is restricted in what it can ask its Business Associate to do with Protected Health Information (PHI). Specifically, Degree Wellness cannot request the Business Associate to use or disclose PHI in any manner that would be impermissible under HIPAA regulations if Degree Wellness itself were to do it. This ensures that the Business Associate adheres to the same privacy standards as Degree Wellness.

This restriction is outlined in Section 4(d) of Item 23, emphasizing that Degree Wellness must respect the boundaries set by HIPAA when it comes to PHI handling. The only exceptions to this rule are for data aggregation or administrative activities undertaken by the Business Associate. This means that Degree Wellness cannot circumvent HIPAA rules by outsourcing activities to the Business Associate that it could not legally perform itself.

For a prospective Degree Wellness franchisee, this clause is important because it clarifies the limitations on how PHI can be used and disclosed. It reinforces the need for strict adherence to HIPAA regulations and ensures that patient privacy is maintained. Franchisees should be aware that they cannot be asked to engage in any PHI-related activities that would violate HIPAA, protecting them from potential legal repercussions. This also highlights the importance of understanding and complying with all relevant privacy laws and regulations when operating a Degree Wellness franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.