This business associate agreement baa provides sample language and provisions required for compliance with the hipaa privacy and security rules and the hitech act that covers the relationship between a hipaa covered entity and a business associate. Covered entities must ensure that they have a current hipaa business associate agreement in place with each of their partners to maintain phi.
It is not intended to be used as is and you should only use the agreement after you have reviewed it with your legal counsel.
Sample baa agreement. What is a hipaa business associate agreement baa. Notwithstanding any other provision of this agreement covered entity may immediately terminate this agreement if it determines that business associate breaches any term in this agreement. Authorize termination of the underlying services agreement if the baa is terminated.
If one of the two parties is responsible for a breach of protected health information then a baa should clearly hold that party responsible with language defining that. While ccdh began disclosing phi to filefax in 2003 neither party could produce a signed business associate agreement baa prior to oct. Coordinate the baa with the underlying services agreement.
The business associate agreement is required by hipaa to allow a third 3rd party business associate access to protected health information phi from a medical office covered entity. This is a draft business associate agreement based on the template provided by hhs. The hipaa omnibus rule changed how bas and business associate subcontractors bas can be held liable for potential hipaa violations.
It outlines the rules by which personal medical records may be shared in accordance with federal law. Sample business associate agreement provisions published january 25 2013 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. Include additional term or termination provisions.
Complyassistants updated baa is one of the free tools we offer to website visitors in order to assist in their compliance needs. Allow for amendment of the baa as necessary to accommodate changes to the hipaa rules. Oca benefit services llc does not nor is it authorized to provide legal advice and.
Sample business associate agreement. Include choice of law and venue provisions. Download this free form template to review attorney comments and schedule a free consultation with a member of priori legals vetted lawyer network.
The hipaa privacy rule requires all covered entities to have a signed business associate agreement baa with any business associate ba they hire that may come in contact with phi. A good hipaa business associate agreement also serves the important function of protecting organizations from liability in the event of a breach. Enter into a business associate agreement or other necessary agreements to comply with hipaa.
Termination upon breach of provisions.
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