Our agency is the service provider working hand-in-glove with a landlord that is also a not-for-profit agency interested in supporting persons with disabilities in permanent, affordable housing. They maintain a large single-site building, while we provide on-site services. We routinely disclose phi to the landlord because specific units in the building are set aside for people with disabilities, and, at a minimum, the landlord needs to see that a person is eligible. Do we need a consent/authorization to release phi to the landlord? Do we need a business associate agreement?

You should be obtaining an authorization. If your agency is not on the lease, and you do not pay the landlord directly, but you provide the landlord with PHI, you do not need a Business Associate Agreement, and the authorization covers the release.

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