Sample Business Associate Contract Provisions
Description Business Associate Contracts
How to fill out Sample Business Associate Contract Provisions?
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FAQ
At its simplest, a Business Associate Agreement (BAA) is a legal contract between a healthcare provider and an individual or organization that will receive access to, transmit, or store Protected Health Information (PHI) as part of its services for the provider.
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.
The business associate agreement is a contract that stipulates the types of protected health information (PHI) that will be provided to the business associate, the allowable uses and disclosures of PHI, the measures that must be implemented to protect that information (e.g. encryption at rest and in transit), and the
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.
A business associate contract, or business associate agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI.The satisfactory assurances must be in writing, whether in the form of a contract or other agreement between the covered entity and the business associate.
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,
Examples of Business Associates are lawyers, accountants, IT contractors, billing companies, cloud storage services, email encryption services, web hosts, etc. (This list could go on for a while.) You are required to have a Business Associate Agreement with these people.
Common Examples of Business Associates Service providers that are typically Business Associates when accessing PHI are: Answering services. Companies involved in claims processing, repricing or collections (e.g., medical billing companies, collection agencies) Health information exchanges (HIEs), e-prescribing gateways.