15 Okt 2021by tobiasschaller

What Is The Purpose Of A Business Associate Agreement


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The functions and activities of business partners include: handling or managing complaints; data analysis, processing or management; Verification of use; quality assurance; Invoicing; performance management; practice management; and re-evaluation. Services to business partners include: legal; actuarial science; Accounting; Council; data aggregation; Management; administratively; Accreditation; and financially. See the definition of “trading partner” in 45 CFR 160.103. HHS can audit SAs and subcontractors for HIPAA compliance, not just covered entities. This means that organizations must have a Business Partnership Agreement (BAA) for all three tiers in order to meet HIPAA requirements. It is in your best interest to have an agreement, as all three classifications are responsible for protecting PSR. However, the tide turns when and if it can be proven that you know about the breach of contract. HIPAA regulations state that companies that discover a breach by a trading partner must either correct the error or terminate the BAA. If they don`t, they share responsibility for the violation with the partner. If you hire a subcontractor and that contractor comes into contact with a PHI, you will need to do a BAA between the two of you. The confidentiality rule states that all business partner contractors must accept restrictions identical to those of the original business partner. Contracts with business partners. The contract or other written agreement of a covered entity with its counterparty must contain the elements referred to in 45 CFR 164.504(e).

For example, the contract must: describe the authorized and required use of the health information protected by the business partner; provide that the business partner does not use or disclose protected health information other than to the extent permitted or contractually prescribed or required by law; and request the business partner to take appropriate security precautions to prevent protected health information from being processed or otherwise contracted. If a Covered Entity becomes aware of a material breach or breach of the Agreement or Agreement by the Business Partner, the Covered Entity is required to take reasonable steps to remedy the breach or terminate the breach, and if such steps fail, to terminate the Agreement or Agreement. If termination of the contract or agreement is not possible, a covered entity must report the issue to the Office of Civil Rights (OCR) of the Department of Health and Human Services (HHS). Please see our model contract for business partners. By law, the HIPAA privacy rule only applies to covered companies – health plans, health care clearing houses, and certain health care providers. However, most health care providers and health care plans do not perform all of their health activities and functions themselves. Instead, they often use the services of a variety of other people or companies.

Categories: Allgemein