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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HIPAA Privacy Compliance Agreement for Business Associates -...

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

Name: Sacramento 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:

Sacramento

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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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.

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.

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.

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.

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

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.

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.

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2) Should the scope of work or services to be performed under this Agreement conflict with DHCS' responsibilities under federal Medicaid law, the. Business Associate's Obligations with Respect to the HIPAA Privacy Rule.Other than carrying out the Contractor's obligations under this Agreement.

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

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