Under what condition will a Degree Wellness franchisee (Business Associate) provide an accounting of disclosures directly to an Individual?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
Based on the 2025 Degree Wellness Franchise Disclosure Document, the franchisee, acting as a Business Associate, may be required to provide an accounting of disclosures directly to an individual under specific conditions related to Protected Health Information (PHI) as mandated by HIPAA and HITECH regulations. The Business Associate Agreement outlines that Degree Wellness franchisees must adhere to privacy and security provisions concerning PHI when providing services to the Covered Entity (Wellness Provider Therapies, P.A.).
While the excerpt establishes the framework for handling PHI and the necessity of a Business Associate Agreement, it does not explicitly detail the exact circumstances under which a Degree Wellness franchisee must provide an accounting of disclosures directly to an individual. The document focuses more on the general obligations of the franchisee to protect PHI and comply with HIPAA and HITECH regulations.
To fully understand the conditions that trigger a direct accounting of disclosures to an individual, a prospective Degree Wellness franchisee should seek clarification from the franchisor regarding specific scenarios, procedures, and reporting requirements related to PHI disclosures. This includes understanding the individual's rights to access and receive an accounting of their PHI disclosures, as well as the franchisee's responsibilities in fulfilling those rights under the Business Associate Agreement and applicable privacy laws.