I was having trouble with this, because I would think they can, but can a tutor elaborate and help explain? thanks

Depending on the type and scope of information being exchanged, covered entities may enter into different contractual relationships with third parties, such as business associate agreements (BAAs) or data use agreements (DUAs). Each type of agreement comes with a level of risk to the covered entity.

You are a privacy officer at Covered Entity A. Your colleague Sarah in the oncology department would like to receive data from a university hospital so that she can develop an algorithm that will detect patient risk factors for side effects of a particular chemotherapy protocol. Sarah would like to know whether the oncology department needs a particular agreement to receive this data.

How will you advise Sarah? Consider advising whether Sarah's team will need a BAA, DUA, or no agreement at all based on the type of data they will receive. Would it be more or less ideal if the covered entity receives PHI, a limited data set, or de-identified data? Which agreements would you use for each? How will you explain these options to Sarah? How will you explain the risks involved with each option?