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.
The Wisconsin Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates HITCHCH Act is a vital document for businesses operating in Wisconsin that handle protected health information (PHI). This agreement serves as an addendum to the existing HIPAA Privacy Compliance Agreement for Business Associates and ensures compliance with the additional requirements specific to Wisconsin. Wisconsin, like many other states, has its own set of regulations and laws that complement the federal HIPAA regulations. The Wisconsin Rider or Collateral Agreement is designed to address these state-specific requirements and provide a comprehensive framework for safeguarding PHI. Some key components included in the Wisconsin Rider or Collateral Agreement are: 1. Definitions: This section clearly defines the terms used throughout the agreement, ensuring a common understanding between the covered entity and the business associate. 2. Requirements for PHI handling: The agreement outlines the specific obligations and responsibilities of the business associate in handling and protecting PHI. This includes provisions for physical, technical, and administrative safeguards to ensure the confidentiality, integrity, and availability of PHI. 3. Breach notification requirements: In line with the HITCH Act, the agreement details the business associate's obligations in the event of a breach. It specifies the timeline for notifying the covered entity, affected individuals, and the Wisconsin authorities, as required. 4. Auditing and monitoring: The agreement may include provisions for regular auditing and monitoring processes to assess the adequacy of security measures implemented by the business associate. This helps identify any vulnerabilities or non-compliance issues promptly. 5. Dispute resolution: In case of any disputes or disagreements between the covered entity and the business associate, the agreement may outline the procedures for dispute resolution, including mediation or arbitration. Different types of Wisconsin Rider or Collateral Agreements may exist based on the specific nature of the business operations or the relationship between the covered entity and the business associate. For example: a. Healthcare Provider Rider Agreement: This type of rider agreement would be specific to healthcare providers, such as hospitals, clinics, or medical practices. b. Health Insurance Rider Agreement: This type of rider agreement would be tailored for health insurance companies that handle PHI in Wisconsin. c. Pharmacy Rider Agreement: Pharmacies or pharmaceutical companies in Wisconsin may require a rider agreement that addresses their unique requirements and compliance obligations. d. Business Associate Agreement for Telehealth Service Providers: As telehealth services are becoming increasingly popular, a rider agreement might be needed specifically for business associates operating in the telehealth domain. These are just a few examples, and the types of Wisconsin Rider or Collateral Agreements can vary depending on the nature of the covered entity and the services provided by the business associate. It is important to customize the agreement to meet the specific needs and compliance obligations of each business relationship and entity.
