Table of Contents:
- What is a Business Associate?
- Business Associate Agreement provisions
- HubSpot and the Business Associate Agreement
- Does HubSpot offer HIPAA Compliant Service?
A customer recently asked us about whether they were able to use HubSpot in a HIPAA compliant manner.
We know the HIPAA industry is vast so we can empathize with just how many people need to use cloud services in this sector.
Today, we will determine if HubSpot offers HIPAA compliant service or not.
HubSpot is a developer and marketer of software products for inbound marketing and sales. It was founded by Brian Halligan and Dharmesh Shah in 2006.
Its products and services aim to provide tools for social media marketing, content management, web analytics and search engine optimization.
What is a Business Associate?
A Business Associate is a person or company that performs certain functions or activities that involve the use or disclosure of protected health information for a Covered Entity.
In the case of HubSpot, it would certainly qualify as a Business Associate if it provides services to Covered Entities.
Read full article: What does it mean to be a Business Associate?
Business Associate Agreement provisions
If a Business Associate provides services to a Covered Entity, then a Business Associate Agreement must be in place.
A Business Associate Agreement is a written contract between a Covered Entity and a Business Associate and is required by law for HIPAA compliance.
At a minimum, a Business Associate Agreement contains 10 provisions.
Read full article: Business Associate Agreement Provisions
HubSpot and the Business Associate Agreement
We checked the HubSpot site for mention of their ability to sign a Business Associate Agreement.
We found the answer we were looking for on HubSpot’s Terms of Service page.
The Subscription Service is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA), so you may not use the Subscription Service where your communications would be subject to such laws.
In addition, we found several references to HubSpot’s inability to service the HIPAA market in the HubSpot Community pages:
Does HubSpot offer HIPAA Compliant Service?
The Business Associate Agreement (BAA) is a key component to HIPAA compliance between a Covered Entity and a Business Associate.
Thanks to their Terms of Service page, we clearly see HubSpot is not in the business of providing HIPAA compliant service.