4. healthcare providers received by PHI for the treatment of patients. A healthcare provider is not a business partner of other companies covered while treating patients. (See 45 CFR 160.103; see also 65 FR 82476 and 82504). As explained by ocr: 1.3. `counterparty` means any entity that jointly controls or controls the counterparty and any counterparty of the counterparty that establishes, maintains or transfers PHI on behalf of the counterparty. Some covered companies require a counterparty to send written confirmation that all copies of PHI provided by the covered unit to the counterparty have been destroyed. A lawyer may add this condition if requested by a covered organization. A counterparty agreement is not required with persons or entities whose functions, activities or services do not involve the use or disclosure of [IHP] and for whom access to [IHP] by those persons would be random, if any. .