What is a HIPAA business associate agreement?

What is a Business Associate Agreement? A Business Associate Contract, or Business Associate Agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI. HIPAA requires Covered Entities to only work with Business Associates who assure complete protection of PHI.

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Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement...

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

Name: Contra Costa California Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates - HITECH Act
Brand: US Legal Forms
Rating: 4.86 (249 reviews)

Category:

Contracts - Riders or Collateral

State:

Multi-State

County:

Contra Costa

Control #:

US-02552BG

Format:

Instant download

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

Therefore, if a Business Associate maintains employee healthcare data that is not used for HIPAA-covered transactions, the Business Associate is not subject to HIPAA in respect of employee data but still subject to HIPAA in respect of any ePHI received from the Covered Entity with whom the employer has a Business

Services provided by business associates can be accounting, billing, claims processing or data management. And of course, these are just a few examples of each. Covered entities hold the responsibility for guaranteeing its business associates are safeguarding protected health information.

While a business associate must agree to comply with HIPAA Rules and is responsible for ensuring the confidentiality, integrity, and availability of PHI in its possession, it is the responsibility of a covered entity to ensure that all business associates are complying with HIPAA Rules.

Question: Define Business Associate. Business associates are vendors (to a covered entity) that create, receive, maintain or transmit protected health information (PHI), while performing a service involving the PHI.

What is a Business Associate Agreement? A Business Associate Contract, or Business Associate Agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI. HIPAA requires Covered Entities to only work with Business Associates who assure complete protection of PHI.

A "Business Associate" is a person or entity who performs or assists in performing a function or activity that involves the use or disclosure of protected health information ("PHI") on behalf of a covered entity, or (covered product).

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.

Exceptions to the Business Associate Standard. In these situations, a covered entity is not required to have a business associate contract or other written agreement in place before protected health information may be disclosed to the person or entity.

The purpose of a business associate agreement is to outline your BA's responsibility to keep your patients' PHI private and secure. The BAA sets forth the expectations and requirements of both parties both you and the vendor, and of course, as a contract, it is a legally binding document.

Introduction. A business associate is a person or entity, other than a member of the workforce of a covered entity, who performs functions or activities on behalf of, or provides certain services to, a covered entity that involve access by the business associate to protected health information.

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

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