Subject: BAA with temp agency vs treating temps as workforce

1.  BAA with temp agency vs treating temps as workforce

Posted 05-19-2017 11:26 AM

I am trying to determine whether we want to pursue a BAA with our temp agency.  It is my understanding that if we provide HIPAA training and the temp is under our supervision, we can opt to consider the temp employee to be a workforce member and a BAA is not necessary.  However,  it seems that a BAA could provide some sharing of the financial burden in the event of a breach.  Can you help me identify the pros and cons for BAA vs workforce?


Janet Schumacher, RN, BSN, MPH, CHPC

2.  RE: BAA with temp agency vs treating temps as workforce

Posted 05-19-2017 05:03 PM

Hi Janet,


My question would be whether or not the agency is receiving PHI and utilizing that PHI on behalf of the organization or is it just the temporary worker provided by the agency who has access to PHI. If the agency is not accessing PHI on your behalf I'm not sure a BAA would be appropriate.




Sherrie A. King

Compliance Auditor

Appalachian Regional Healthcare System



Compliance Hotline: 1-800-656-7743



Them has left the building, it's just Us.


"Right is right, even if everyone is against it, and wrong is wrong even if everyone is for it."

William Penn


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