Houston Texas Sample Business Associate Contract Provisions

• Category: Employment - Benefits
• State: Multi-State
• City: Houston
• Control #: US-357EM
• Format: Word; Rich Text

Description

This form offers sample business associate contract provisions to assist with compliance of privacy laws. Houston, Texas Sample Business Associate Contract Provisions are legal provisions that outline the terms and conditions regarding the relationship between a covered entity and its business associate in Houston, Texas. These provisions are designed to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. 1. Definition and Scope of Business Associate Relationship: This section defines the roles and responsibilities of the covered entity and the business associate. It describes the services provided by the business associate and specifies that protected health information (PHI) will be shared between the parties. 2. Use and Disclosure of Protected Health Information: This provision details the permitted uses and disclosures of PHI by the business associate. It outlines that PHI will only be used for the purposes specified in the contract or as required by law, with safeguards in place to protect the privacy and security of the information. 3. Safeguards and Security Measures: This section requires the business associate to implement appropriate administrative, physical, and technical safeguards to protect PHI. It may include requirements for risk assessments, workforce training, encryption, data backup, and breach notification procedures. 4. Reporting and Mitigation of Breaches: This provision mandates that the business associate promptly report any breaches of PHI to the covered entity. It also stipulates that the business associate shall assist the covered entity in mitigating the impact of the breach and complying with breach notification requirements. 5. Subcontractor Obligations: If the business associate engages subcontractors, this provision establishes that the subcontractors must also comply with HIPAA regulations and safeguards. It requires the business associate to enter into a written agreement with subcontractors to ensure PHI protection. 6. Access, Amendment, and Accounting of Disclosures: This section outlines the business associate’s obligations in providing access and amendment rights to individuals regarding their PHI. It also addresses the business associate’s responsibility for maintaining an accounting of disclosures made to third parties. 7. Termination and Obligations Upon Termination: In the event of contract termination, this provision establishes the requirements for returning or destroying PHI in the business associate’s possession. It also specifies that the obligations regarding PHI protection continue even after the termination of the contract. 8. Liability and Indemnification: This clause clarifies the respective liabilities of the covered entity and the business associate in case of breaches or non-compliance. It may include provisions for indemnification of the covered entity by the business associate in case of breaches caused by the latter. These Houston, Texas Sample Business Associate Contract Provisions comply with HIPAA regulations and serve as a blueprint for covered entities and business associates entering into partnerships in the healthcare industry. By addressing key aspects of the business associate relationship, these provisions help protect the privacy and security of sensitive health information.

Houston, Texas Sample Business Associate Contract Provisions are legal provisions that outline the terms and conditions regarding the relationship between a covered entity and its business associate in Houston, Texas. These provisions are designed to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. 1. Definition and Scope of Business Associate Relationship: This section defines the roles and responsibilities of the covered entity and the business associate. It describes the services provided by the business associate and specifies that protected health information (PHI) will be shared between the parties. 2. Use and Disclosure of Protected Health Information: This provision details the permitted uses and disclosures of PHI by the business associate. It outlines that PHI will only be used for the purposes specified in the contract or as required by law, with safeguards in place to protect the privacy and security of the information. 3. Safeguards and Security Measures: This section requires the business associate to implement appropriate administrative, physical, and technical safeguards to protect PHI. It may include requirements for risk assessments, workforce training, encryption, data backup, and breach notification procedures. 4. Reporting and Mitigation of Breaches: This provision mandates that the business associate promptly report any breaches of PHI to the covered entity. It also stipulates that the business associate shall assist the covered entity in mitigating the impact of the breach and complying with breach notification requirements. 5. Subcontractor Obligations: If the business associate engages subcontractors, this provision establishes that the subcontractors must also comply with HIPAA regulations and safeguards. It requires the business associate to enter into a written agreement with subcontractors to ensure PHI protection. 6. Access, Amendment, and Accounting of Disclosures: This section outlines the business associate’s obligations in providing access and amendment rights to individuals regarding their PHI. It also addresses the business associate’s responsibility for maintaining an accounting of disclosures made to third parties. 7. Termination and Obligations Upon Termination: In the event of contract termination, this provision establishes the requirements for returning or destroying PHI in the business associate’s possession. It also specifies that the obligations regarding PHI protection continue even after the termination of the contract. 8. Liability and Indemnification: This clause clarifies the respective liabilities of the covered entity and the business associate in case of breaches or non-compliance. It may include provisions for indemnification of the covered entity by the business associate in case of breaches caused by the latter. These Houston, Texas Sample Business Associate Contract Provisions comply with HIPAA regulations and serve as a blueprint for covered entities and business associates entering into partnerships in the healthcare industry. By addressing key aspects of the business associate relationship, these provisions help protect the privacy and security of sensitive health information.