The "Health Information Technology for Economic and Clinical Health Act" ("HITECH Act") was signed into law on February 17, 2009 and takes effect February 17, 2010. It expands HIPAA privacy and security regulations. The two most important changes in the HITECH Act for business associates of HIPAA covered entities are (a) requirement that business associates comply directly with Security Rule provisions directing implementation of administrative, physical and technical safeguards for electronic protected health information and (b) expanded breach notification rules for both covered entities and their business associates.
This agreement is intended to work as a side agreement or collateral agreement to an existing or pending contract with a Business Associate that deals solely with HIPAA privacy issues. It is not intended to be the complete and final written expression of a services agreement between a health care provider and a contractor.
Minnesota Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates HITCHCH Act is a legal document that reinforces the obligations imposed on Business Associates in Minnesota to comply with the privacy and security provisions of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITCH Act). This agreement sets forth the terms and conditions under which the Business Associate will handle protected health information (PHI) in accordance with the state and federal laws. The Minnesota Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates HITCHCH Act comprises various sections, each addressing specific aspects of PHI privacy and security. Some key sections typically found in this agreement include: 1. Definitions: This section defines crucial terms relevant to the agreement, such as PHI, Business Associate, Covered Entity, and Minimum Necessary. 2. Obligations and Compliance: This section outlines the Business Associate's responsibilities and obligations to comply with HIPAA and HITCH Act requirements. It may include provisions related to reasonable safeguards, risk assessments, breach notification, and training. 3. Privacy and Security Safeguards: This section specifies the measures the Business Associate will implement to ensure the privacy and security of PHI. It may include physical, technical, and administrative safeguards, such as access controls, encryption of data, and regular risk assessments. 4. Subcontractors: This section addresses the responsibilities and requirements for Business Associates that engage subcontractors. It typically includes provisions that bind subcontractors to the same HIPAA and HITCH Act obligations as the Business Associate. 5. Reporting and Cooperation: This section describes the Business Associate's duty to report any breaches or potential breaches promptly. It may also include provisions for cooperation in investigations or audits conducted by regulatory authorities. 6. Indemnification and Liability: This section specifies the allocation of liability between the parties in case of breaches or violations. It may outline the indemnification obligations and caps on liability. 7. Term and Termination: This section sets forth the duration of the agreement and conditions under which either party may terminate the agreement. It's important to note that the specific content and language of the Minnesota Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates HITCHCH Act may vary depending on the parties involved and their unique circumstances.Minnesota Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates HITCHCH Act is a legal document that reinforces the obligations imposed on Business Associates in Minnesota to comply with the privacy and security provisions of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITCH Act). This agreement sets forth the terms and conditions under which the Business Associate will handle protected health information (PHI) in accordance with the state and federal laws. The Minnesota Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates HITCHCH Act comprises various sections, each addressing specific aspects of PHI privacy and security. Some key sections typically found in this agreement include: 1. Definitions: This section defines crucial terms relevant to the agreement, such as PHI, Business Associate, Covered Entity, and Minimum Necessary. 2. Obligations and Compliance: This section outlines the Business Associate's responsibilities and obligations to comply with HIPAA and HITCH Act requirements. It may include provisions related to reasonable safeguards, risk assessments, breach notification, and training. 3. Privacy and Security Safeguards: This section specifies the measures the Business Associate will implement to ensure the privacy and security of PHI. It may include physical, technical, and administrative safeguards, such as access controls, encryption of data, and regular risk assessments. 4. Subcontractors: This section addresses the responsibilities and requirements for Business Associates that engage subcontractors. It typically includes provisions that bind subcontractors to the same HIPAA and HITCH Act obligations as the Business Associate. 5. Reporting and Cooperation: This section describes the Business Associate's duty to report any breaches or potential breaches promptly. It may also include provisions for cooperation in investigations or audits conducted by regulatory authorities. 6. Indemnification and Liability: This section specifies the allocation of liability between the parties in case of breaches or violations. It may outline the indemnification obligations and caps on liability. 7. Term and Termination: This section sets forth the duration of the agreement and conditions under which either party may terminate the agreement. It's important to note that the specific content and language of the Minnesota Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates HITCHCH Act may vary depending on the parties involved and their unique circumstances.
