Are interpreters business associates?

If hired by a covered entity and have access to protected health information (PHI) as part of their services, interpreters can be considered business associates under HIPAA.

How are interpreters business associates?

“A business associate would include, for example, both a language agency and an individual interpreter who contracts directly with a covered entity. For the language agency, each of its agents – the interpreters themselves – would be bound to uphold the privacy rule through their relationship with the business associate,” says the National Health Law Program. Simply put, interpreters are considered business associates under HIPAA when they provide services to a covered entity (such as a healthcare provider, health plan, or clearinghouse) and have access to PHI as part of their role. This happens in scenarios like the following:

• Third-party services: Healthcare providers may hire third-party interpretation agencies or remote interpretation platforms to facilitate communication with patients. These interpreters receive PHI, such as medical conditions, treatments, or test results, during their work.
• Freelance interpreters: Independent interpreters directly contracted by a healthcare provider and exposed to PHI also qualify as business associates.

In these cases, HIPAA requires a business associate agreement (BAA) to ensure the interpreters understand and implement safeguards to protect PHI. The BAA outlines the responsibilities and limitations on how PHI can be used or disclosed, ensuring HIPAA compliance.

Read also: How to know if you’re a business associate

Best practices for ensuring HIPAA compliance when working with interpreters

When interpreters qualify as business associates under HIPAA, healthcare providers and related organizations must take steps to protect PHI. Here are some best practices to ensure compliance:

• Vet interpretation services: Choose reputable providers familiar with HIPAA, ensuring they safeguard PHI.
• Training and awareness: Train interpreters on securely handling PHI, avoiding unauthorized disclosures, and reporting breaches, with ongoing training for updates on HIPAA changes.
• Limit PHI disclosure: Only share the minimum necessary PHI and use secure communication platforms.
• Monitor compliance: Regularly audit interpretation services for HIPAA compliance and verify interpreters’ adherence to the BAA.
• Secure technology: Use HIPAA compliant, encrypted platforms for remote interpretation.
• On-site interpreter policies: Ensure on-site interpreters follow facility policies regarding patient record access and confidentiality.
• Contingency plans: Include interpreters in breach response plans and define steps to address PHI disclosures.

See also: HIPAA Compliant Email: The Definitive Guide

FAQs

What is a business associate?

A business associate is any person or entity that performs services for or on behalf of a healthcare provider, health plan, or healthcare clearinghouse (collectively referred to as a covered entity) that involves the use or disclosure of PHI. Business associates are not employees of the covered entity but may handle PHI in the course of their work.

Can an interpreter disclose PHI?

Disclosures are only allowed for the purposes of providing interpretation services as outlined in the BAA, and they must comply with HIPAA’s minimum necessary rule, which means sharing only the necessary PHI required for the service.

What happens if an interpreter breaches HIPAA regulations?

If an interpreter discloses PHI without authorization or fails to comply with HIPAA, the healthcare provider or covered entity must take corrective action. This may involve disciplinary measures for the interpreter, reporting the breach, and potentially notifying affected individuals if required by HIPAA.