Business Associate Agreement With Shredding Company
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How to fill out HIPAA Business Associates Agreement?
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FAQ
A Business Associate Contract, or Business Associate Agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI. HIPAA requires Covered Entities to only work with Business Associates who assure complete protection of PHI.
Keep in mind, HIPAA requires you to sign the BAA with your business associate before sharing any PHI with them. This will help you avoid a privacy breach, as well as fines and investigations for failing to have a BAA in place.
When a Covered Entity hires a shredding company to destroy documents containing PHI and the company takes the documents off site for shredding, then the shredding company is likely a Business Associate and there would need to be a BAA in place between the Covered Entity and the shredding company.
The agreement must describe permitted and required PHI uses for the business associate and state that the business associate will not use or further disclose the protected health information other than as permitted or required by the contract or as required by law.
Simply put, a Business Associate is a vendor or subcontractor who has access to PHI (Protected Health Information). A more legalese definition of a Business Associate under HIPAA is any entity that uses or discloses PHI on behalf of a Covered Entity.