Hipaa Baa Agreement
Finally, failure to comply with the requirements of an agreement by a partner/subcontractor could have important consequences: www.hhs.gov/hipaa/for-professionals/privacy/guidance/business-associates/index.htmlsearchsecurity.techtarget.com/definition/business-associatewww.mwe.com/en/thought-leadership/publications/2013/02/new-hipaa-regulations-affect-business-associates__www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html this document contains standard provisions for the agreement of counterparties in order to help companies and covered counterparties to more easily meet the requirements of the contract for counterparties. While these standard rules are written for the purpose of the contract between a covered entity and its counterpart, the language may be adapted for the purposes of the contract between a counterparty and a subcontractor. The HhS Office for Civil Rights has imposed numerous fines for contractual errors committed by trading partners. In investigations into data protection and complaint violations, the OCR found that the following covered companies had not received at least one PROVIDER from a HIPAA-signed BAA. This was either the sole reason for the fine or the additional injury contributed to the heaviness of the fine. While it is almost always necessary for a counterparty to sign an agreement with an insured company when an ePHI counterparty creates, receives, maintains or transmits on behalf of the insured company, if it does not offer covered service to the covered company (i.e. a landscaper), the business is not a consideration and no agreement is required. Matching contracts. The contract of a covered company or any other written agreement with its counterparty contains the elements covered in paragraph 45 CFR 164.504 (e). The contract must, for example. B Describe the authorized and necessary use of health information protected by the counterparty; provide that the counterparty will not continue to use or disclose protected health information, with the exception of the contract or the law; and require the counterpart to adopt appropriate security measures to prevent the use or disclosure of protected health information that is not provided for by the contract.
If a covered entity is aware of a significant violation or violation by the counterparty of the contract or agreement, the covered entity is required to take appropriate steps to correct the violation or terminate the violation and if such measures are inconclusive, to terminate the contract or agreement. If termination of the contract or agreement is not possible, a covered company is required to report the problem to the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Please consult our standard contract for business partners. The contract should provide that the BA (or subcontractor) must take appropriate administrative, technical and physical security measures to ensure the confidentiality, integrity and availability of ePHI and meet the requirements of the HIPAA security rule. Some of these measures may be indicated in the BAA or left to the BA`s discretion. The BAA should also include authorized uses and disclosures of PHI to meet the requirements of the HIPAA data protection rule. In case people who do not have access to the PHI for advertising information, such. B as the internal violation or cyberattack, access PHI, the business partner is required to inform the entity concerned of the violation and may be required to send notifications to persons whose PHI has been compromised.
The timing and reporting responsibilities should be detailed in the agreement. [The agreement could also provide that the counterparty could, at the time of termination, pass on the protected health information to another counterparty of the insured company and/or add conditions relating to a counterparty`s obligations to receive or insure protected health information produced, received or managed by subcontractors.] “BAA” is an A