Virginia HIPAA Business Associates Agreement
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How to fill out HIPAA Business Associates Agreement?
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FAQ
Yes. The HIPAA Privacy Rule explicitly defines organizations that accredit covered entities as business associates.
Basically, if your organization interacts with protected health information (PHI) from a health provider, health insurer, or similar covered entity (CE) your organization is considered a business associate (BA) which must comply with all HIPAA/HITECH regulations and be HIPAA compliant.
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.
The HIPAA Privacy Rule pertains to health care providers, health plans, and health care clearinghouses and to the business associates of these 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.
Covered entities include: Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
The Security Rule applies to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with a transaction for which the Secretary of HHS has adopted standards under HIPAA (the "covered entities") and to their business associates.
In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules. If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules.