20 Dez What Does A Business Associate Agreement Look Like
A „counterpart“ is a person or organization other than a staff member of a covered company that performs functions or activities on behalf of a covered entity or provides certain services to a classified entity that includes consideration access to protected health information. A „business partner“ is also a subcontractor that creates, receives, manages or transmits protected health information on behalf of another counterparty. HIPAA rules generally require covered companies and counterparties to enter into contracts with their trading partners to ensure that counterparties properly protect health information. The counterparty contract is also intended to clarify and, if necessary, limit the use and disclosure permitted by the counterparty of protected health information on the basis of the relationship between the parties and the activities or services of the counterparty. A counterparty may only use or disclose protected health information to the extent that its counterparty contract is authorized or required or required by law. A counterparty is directly responsible under HIPAA rules and is subject to civil and, in some cases, criminal penalties for the use and disclosure of protected health information that is not authorized by the treaty or prescribed by law. A trading partner is also directly responsible and is subject to civil penalties if it does not protect health information protected electronically in accordance with the HIPAA safety rule. Trade association agreements consist of information on the authorized and unauthorized use of PHI between two HIPAA organizations. The contract should require the consideration to implement appropriate administrative, technical and physical security measures, in accordance with the security rule, to ensure the confidentiality, integrity and availability of ePHI. Contracts can also be formatted to describe in detail the relationship between a covered company and a business partner, as well as the relationships between two business partners. For this reason, it is preferable for BAAs to include in the breach notification section of the agreement a language such as „as soon as the offence has been discovered or should have been discovered“. It`s like a chain that follows the PHI from the first link in the chain, which is the covered entity. The following link would be the trading partner and all their subcontractors (including trading partners) would be the following links.
Think of subcontractors as business partners. The BAA follows the direct path of the chain. A covered company is therefore not required to sign an BAA with the subcontractors of its trading partners, but it is the business partner that is. But let`s be honest… It is difficult, if not impossible, to run a business without the help of third parties.