A counterparty subcontractor is a natural or legal person to whom a counterparty delegates a function, activity or service.3 While a covered entity receives assistance from counterparties, BAs use their own assistance. HIPAA refers to these individuals and companies as business associate subcontractors. HHS confirmed that the “management and administration” exception does not apply to data mining for the counterparty`s own needs: the exception for management and administration. HHS has not defined “management and administration” and has not clearly defined the limits of the counterparty exception. The data protection rule allows the companies concerned to use the PHI for their “health operations”, which is defined as follows: [option 2], subject to the necessary minimum requirements: [contain specific minimum provisions necessary in accordance with the minimum directives and procedures required of the covered company.] In accordance with hHS, the counterparty/subcontractor agreement must contain the following information: A counterparty agreement may allow a counterparty to use and disclose PHI, which the relevant entity may itself perform in accordance with the HIPC confidentiality rule. See 45 C.F.R. § 164.504 (e). In addition, the confidentiality rule of a counterparty agreement allows a counterparty to be authorized (for example. B an HIO): (1) IHP for the sound management and management of the counterparty in accordance with 45 C.F.R.