Business Associate Agreement Provisions

admin | 08 April 2021 | Uncategorized | | 0 Comments   

(f) [optional] Counterparties may provide protected health information for the proper management and management of the counterparty or to fulfil the legal obligations of the counterparty; where the information is prescribed by law or the consideration receives from the person to whom the information is disclosed, reasonable assurances that the information will remain confidential and that it will not be disclosed until then, in accordance with the law or for the purposes for which it was disclosed to the person, and that the person informs the counterpart of any case where the confidentiality of the information has been violated. (h) to the extent that the counterparty must meet one or more obligations of the insured business in accordance with Part E of 45 CFR Part 164, the Part E requirements that apply to the entity covered in the performance of those obligations; and www.hhs.gov/hipaa/for-professionals/privacy/guidance/business-associates/index.htmlsearchsecurity.techtarget.com/definition/business-associatewww.mwe.com/en/thought-leadership/publications/2013/02/new-hipaa-regulations-affect-business-associates__www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html business associate contracts. The contract of a covered company or any other written agreement with its counterparty contains the elements covered in paragraph 45 CFR 164.504 (e). The contract must, for example. B Describe the authorized and necessary use of health information protected by the counterparty; provide that the counterparty will not continue to use or disclose protected health information, with the exception of the contract or the law; and require the counterpart to adopt appropriate security measures to prevent the use or disclosure of protected health information that is not provided for by the contract. If a covered entity is aware of a significant violation or violation by the counterparty of the contract or agreement, the covered entity is required to take appropriate steps to correct the violation or terminate the violation and if such measures are inconclusive, to terminate the contract or agreement. If termination of the contract or agreement is not possible, a covered company is required to report the problem to the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Please consult our standard contract for business partners. NOW THEREFORE, taking into account these premises and the mutual commitments and agreements outlined below, Covered Entity and Business Associate herethly agree: Contractors who work exclusively for your business, individuals with other customers and employees hired through a company are not business partners. However, your company is liable if one of these people violates the PHI.

[Option 1 – if the counterparty is to return or destroy all protected health information after the termination of the contract] What is a business associate? “counterparty”: a person or organization that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of a covered company or that provide services to a covered business;