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...

Suffolk New York Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates - HITECH Act

Name: Suffolk New York 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:

Suffolk

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

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.

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.

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.

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.

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.

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).

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.

6. Do BAAs Need to be Signed Annually? No. If your BAA is evergreen, it will renew automatically and won't require a new signature to remain valid.

However, it's still the primary responsibility of the covered entity to ensure protected health information (PHI) safety happens. The HHS makes it clear that covered entities must 'obtain satisfactory assurance' that each BA safeguards the patient data it receives or creates on behalf of the covered entity.

Suffolk New York Rider or Collateral Agreement to HIPAA Privacy Compliance Agreement for Business Associates - HITECH Act

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