(45 CFR 160.103). The OHCA exemption only applies to covered businesses (p.B. health care providers and health care plans) that perform functions for the OHCA; it does not apply to other companies that require phi to perform functions on behalf of OHCA. A business partnership agreement is not required with a person or organization whose functions, activities or services do not involve the use or disclosure of [PHI] and where access to [PHI] by such persons would be accidental, if at all. .