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Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates - HITECH Act

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Multi-State
Control #:
US-02552BG
Format:
Word; 
Rich Text
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Description

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.

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FAQ

A Business Associate Contract, or Business Associate Agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI.This means that organizations must have a Business Associate Agreement (BAA) for all three levels in order to meet the requirements of HIPAA.

By law, the HIPAA Privacy Rule applies only to covered entities health plans, health care clearinghouses, and certain health care providers. Instead, they often use the services of a variety of other persons or businesses.

What Is a Business Associate? A business associate is a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, a covered entity. A member of the covered entity's workforce is not a business associate.

A HIPAA business associate agreement is a contract between a HIPAA-covered entity and a vendor used by that covered entity.A signed HIPAA business associate agreement must be obtained by the covered entity before allowing a business associate to come into contact with PHI or ePHI.

Business associates of HIPAA covered entities include third-party administrators, billing companies, transcriptionists, cloud service providers, data storage firms electronic and physical records, EHR providers, consultants, attorneys, CPA firms, pharmacy benefits managers, claims processors, collections agencies,

The HIPAA Rules apply to covered entities and business associates.In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules.

A BAA is a signed document that affirms a third-party service provider's willingness to accept responsibility for the safety of your clients' PHI, maintain appropriate safeguards, and comply with HIPAA requirements when they handle PHI on your behalf. BAAs are necessary if you're a covered entity.

A business associate also is directly liable and subject to civil penalties for failing to safeguard electronic protected health information in accordance with the HIPAA Security Rule. Contracts between business associates and business associates that are subcontractors are subject to these same requirements.

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Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates - HITECH Act