According to HIPAA, what must an outside auditor sign before reviewing medical records?

The correct answer is that an outside auditor must sign a Business Associate Agreement (BAA) before reviewing medical records, as mandated by HIPAA regulations.

A Business Associate Agreement is essential because it establishes the terms under which the auditor will handle and protect the protected health information (PHI) they may access while performing their auditing duties. This agreement outlines the responsibilities of the auditor as a business associate, ensuring compliance with HIPAA privacy and security rules. It also includes stipulations about how the protected health information must be safeguarded and the appropriate uses and disclosures of that information.

While confidentiality agreements and non-disclosure agreements serve similar purposes in protecting sensitive information from unauthorized disclosure, they do not specifically address the relationship and compliance obligations required under HIPAA for those who handle PHI on behalf of a covered entity.

A Medical Record Release Form is not applicable, as this document is utilized primarily for obtaining patient consent to disclose their medical records to third parties, rather than serving as an agreement specifically outlining an auditor's responsibilities regarding the protection of medical information.

Therefore, the requirement for a Business Associate Agreement is critical in ensuring that the outside auditor is legally bound to comply with HIPAA standards, safeguarding patient information during their review process.