What must a Business Associate obtain to claim compliance when selling an individual's PHI?

To claim compliance when selling an individual's Protected Health Information (PHI), a Business Associate must obtain authorization from the individual. This is crucial because the Health Insurance Portability and Accountability Act (HIPAA) mandates that any use or disclosure of PHI that is not for treatment, payment, or healthcare operations requires explicit authorization from the individual whose information is to be used. This ensures that individuals maintain control over their personal health information and gives them the right to decide how their data may be shared or used.

Authorization is a more formal and stringent requirement than consent, which may be allowed for other types of information sharing but is generally not sufficient for the sale of PHI. The authorization process includes specific elements: it must be in writing, specify the kind of information that can be used or disclosed, and outline the purpose of the disclosure. This level of protection helps safeguard individuals' privacy and ensures compliance with federal regulations.