Business Associate Status NOT Required
T.38 SIP Trunks and T.38 Fax Line services have a “HIPAA Conduit Exemption” and therefore do not require a Business Associate status.
T.38 Fax and Fax Line do not require a Business Associate relationship as they are ‘real-time’ services with no data storage. The HIPAA conduit exemption describes this:
“The conduit exception excludes only those entities providing mere courier services, and their electronic equivalents, such as mere data transmission services. A conduit transports information but does not access it.”
Business Associate Status Required
Hosted Fax, Never-Busy Fax Line, and Desktop Fax services require a Business Associate Status
A BA status is required for these services because PHI is stored on our hosting site requiring even temporarily the possibility of, ‘the disclosure of individually identifiable health information’
In reality the information is never viewed in day to day operation and is only accessible randomly.