Under what condition does the Degree Wellness Covered Entity not own the PHI?

According to Degree Wellness's 2025 Franchise Disclosure Document, all Protected Health Information (PHI) is deemed owned by the Covered Entity, unless otherwise agreed upon in writing. This means that typically, Wellness Provider Therapies, P.A. retains ownership of all PHI handled by the franchisee (Business Associate).

For a Degree Wellness franchisee, this implies that they must adhere to the Covered Entity's policies and procedures regarding the use, disclosure, and security of PHI. The franchisee cannot independently decide on the ownership or control of this information unless a separate written agreement specifies otherwise. This is a critical aspect of compliance with HIPAA regulations, as the franchisee is responsible for safeguarding PHI according to the standards set by the Covered Entity.

Prospective franchisees should carefully review the Business Associate Agreement and any related documents to fully understand their obligations regarding PHI. It is important to clarify whether there are any circumstances under which the franchisee might have shared ownership or control of PHI, and to ensure that any such arrangements are documented in writing. This will help avoid potential conflicts or compliance issues related to data ownership and privacy.