New Mexico HIPAA Business Associates Agreement
Description
How to fill out HIPAA Business Associates Agreement?
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FAQ
A business associate agreement establishes a legally-binding relationship between HIPAA-covered entities and business associates to ensure complete protection of PHI. This type of agreement is necessary if business associates can potentially access PHI during their work.
HIPAA requires Covered Entities to only work with Business Associates who assure complete protection of PHI. These assurances have to be in writing in the form of a contract or other agreement between the Covered Entity and the BA. HHS can audit BAs and Subcontractors for HIPAA compliance, not just Covered Entities.
Who Needs a Business Associate Agreement? Any Business Associate you share PHI or ePHI with over the course of the work they've been hired to do is who needs a Business Associate Agreement.
HIPAA defines businesses associates as a person or entity that provides services to a covered entity that involves the disclosure of PHI. Businesses that would be considered business associates when working with covered entities are: Software companies with access to PHI. Companies in claims processing or collections.
For vendors that create, receive, maintain, or transmit PHI on your organization's behalf (called business associates) you must have a business associate agreement. The BAA contract is unique to HIPAA.
BAAs are mandated by the HIPAA Security Rule. Business Associate Agreements consist of information regarding the permissible and impermissible uses of PHI between two HIPAA-beholden organizations. That can include relationships between a CE and a BA, as well as relationships between two BAs.
The HIPAA Rules require covered entity and business associate customers to obtain satisfactory assurances in the form of a business associate agreement (BAA) with the CSP that the CSP will, among other things, appropriately safeguard the protected health information (PHI) that it creates, receives, maintains or ...