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HIPAA Privacy Compliance Agreement for Business Associates -...

Orange California HIPAA Privacy Compliance Agreement for Business Associates - Complying with the HITECH Privacy Provisions

Name: Orange California HIPAA Privacy Compliance Agreement for Business Associates - Complying with the HITECH Privacy Provisions
Brand: US Legal Forms
Rating: 4.66 (493 reviews)

Category:

Contracts - HITECH Compliances

State:

Multi-State

County:

Orange

Control #:

US-02712BG

Format:

Instant download

Description

The Health Information Technology for Economic and Clinical Health Act (HITECH Act) is concerned with defining the requirements for being compatible with the security and privacy regulations of the Privacy Rule. The HITECH Act can be understood as a regulatory measure that has been introduced in anticipation of the sudden rise in the volume of healthcare practices adopting Electronic Health Records (EHRs) due to lucrative financial incentives offered by the American Recovery and Reinvestment Act of 2009 (ARRA).

The Privacy Rule lays down the standards that should be followed to become HIPAA-compliant but it is the HITECH Act that elaborates on the criticality of following these norms and lays down enforcement, accountability, penalty and persecution-related guidelines for those involved in sharing or accessing PHI.

With the change in the HITECH privacy provisions of ARRA, the business associate now has responsibility and liability directly for a breach. A breach requires notification, which is triggered when there is an incident of "unsecured protected health information."

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FAQ

Examples of Business Associates are lawyers, accountants, IT contractors, billing companies, cloud storage services, email encryption services, web hosts, etc.

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.

To see a decision tree for determining business associate status, click here. Checklist for BAA Compliance. Under the HIPAA Privacy and Security Rules, BAAs generally must contain the following terms.Additional Terms.Liability for Business Associate's Action.Effect of No BAA.Additional Resources.

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.

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.

Business associates of HIPAA covered entities include third-party administrators, billing companies, transcriptionists, cloud service providers, data storage firms electronic and physical records, EHR providers, consultants, attorneys, CPA firms, pharmacy benefits managers, claims processors, collections agencies,

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 Business Associate Agreement ensures there is a chain of custody for PHI. A Business Associate of a Covered Entity must enter into a contract with the Covered Entity, and a subcontractor used by a Business Associate is also required to enter into such a contract.

A written contract between a covered entity and a business associate must: (1) establish the permitted and required uses and disclosures of protected health information by the business associate; (2) provide that the business associate will not use or further disclose the information other than as permitted or required

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Attachment I-HIPAA Business Associate Attachment to the Agreement . Maintaining patient data security and privacy.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. Law enforcement agency in the jurisdiction where the alleged.

Orange California HIPAA Privacy Compliance Agreement for Business Associates - Complying with the HITECH Privacy Provisions

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What is an example of a business associate?

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