Can a business associate share PHI with another business associate?

Yes, so long as the disclosure of PHI is authorized by the HIO's business associate agreement and the information exchange would be permitted by the HIPAA Privacy Rule.

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HIPAA Business Associates Agreement

Franklin Ohio HIPAA Business Associates Agreement

Name: Franklin Ohio HIPAA Business Associates Agreement
Brand: US Legal Forms
Rating: 4.66 (251 reviews)

Category:

Confidentiality and Nondisclosure - HIPAA

State:

Multi-State

County:

Franklin

Control #:

US-02045BG

Format:

Instant download

Description

HIPAA Business Associates Agreement

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FAQ

Business associate functions and activities include: claims processing or administration; data analysis, processing or administration; utilization review; quality assurance; billing; benefit management; practice management; and repricing.

Yes. A data use agreement can be combined with a business associate agreement into a single agreement that meets the requirements of both provisions of the HIPAA Privacy Rule.

Yes, so long as the disclosure of PHI is authorized by the HIO's business associate agreement and the information exchange would be permitted by the HIPAA Privacy Rule.

The HIPAA Privacy Rule requires all Covered Entities to have a signed Business Associate Agreement (BAA) with any Business Associate (BA) they hire that may come in contact with PHI.

The agreement must describe permitted and required PHI uses for the business associate and state that the business associate will not use or further disclose the protected health information other than as permitted or required by the contract or as required by law.

The HIPAA Privacy Rule requires all Covered Entities to have a signed Business Associate Agreement (BAA) with any Business Associate (BA) they hire that may come in contact with PHI.

At its most basic, BAA's must contain these provisions: Determine what PHI the Business Associate will access. Require that the Business Associate will use appropriate safeguards to secure PHI. Provide that the BA will not disclose protected health information save when permitted by the agreement.

As explained by the OCR: The HIPAA Privacy Rule explicitly excludes from the business associate requirements disclosures by a covered entity to a health care provider for treatment purposes.

To have a valid BAA, the BAA must include the following elements (BA Contract Requirements)3: Describe the permitted and required uses and disclosures of PHI by the BA; Provide that the BA will not use or further disclose the PHI other than as permitted or required by the contract or as required by law;

Essentially, if an organization is hired to handle, use, distribute, or access protected health information (PHI), they likely qualify as a BA under HIPAA regulation. The quick rule to remember with Business Associates: before you share PHI, you must have a compliant BAA in place.

So, a covered entity is not required to sign a BAA with their business associates' subcontractors, but the business associate is. Each party in the chain is required by regulation and by contract to protect the PHI and administer it consistently with the obligations of the covered entity at the top of the chain.

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Require the Business Associate to make available to HHS records relating to the use and disclosure of PHI in the event of an audit or investigation.

Franklin Ohio HIPAA Business Associates Agreement

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FAQ

What are the obligations of a business associate?

Can a business associate agreement be combined?

Can a business associate share PHI with another business associate?

Do you need a business associate agreement between two covered entities?

What are the requirements of a business associate agreement?

Does HIPAA requirements a business associate agreements?

What is required to be in a business associate agreement?

Does HIPAA exclude business associates?

What important elements would you include in the contract that is the business associate agreement )?

Who needs a BAA agreement?

Does a business associate need a BAA with another business associate?

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What is a HIPAA Business Associate Agreement?

Who needs to sign a HIPAA Business Associate Agreement?

Why is a HIPAA Business Associate Agreement important?

What is the purpose of a Franklin HIPAA Business Associates Agreement 888817?

How does the Franklin HIPAA Business Associates Agreement protect PHI?

What responsibilities does Franklin have under the HIPAA Business Associates Agreement?

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