Alaska Sample Business Associate Contract Provisions
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How to fill out Sample Business Associate Contract Provisions?
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FAQ
A business associate contract is not required with persons or organizations whose functions, activities, or services do not involve the use or disclosure of PHI, and where any access to PHI by such persons would be incidental, if at all.
Essentially, if an organization is hired to handle, use, distribute, or access protected health information (PHI), they likely qualify as a BA under HIPAA regulation. The quick rule to remember with Business Associates: before you share PHI, you must have a compliant BAA in place.
What Is a Business Associate? A business associate is a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, a covered entity. A member of the covered entity's workforce is not a business associate.
A BAA is a signed document that affirms a third-party service provider's willingness to accept responsibility for the safety of your clients' PHI, maintain appropriate safeguards, and comply with HIPAA requirements when they handle PHI on your behalf. BAAs are necessary if you're a covered entity.
Provide that the Business Associate/Subcontractor will not use or further disclose PHI other than as permitted or required by the contract or as required by law; Require the Business Associate/Subcontractor to use appropriate safeguards to prevent inappropriate PHI use or disclosure.
Entities that are business associates must execute and perform according to written business associate agreements that essentially require the business associate to maintain the privacy of PHI; limit the business associate's use or disclosure of PHI to those purposes authorized by the covered entity; and assist covered
The HIPAA Rules generally require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information.
BAAs must be signed by all Covered Entities, whenever their business associate will handle PHI that passes through the Covered Entity first.
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.
Yes. If you hire another HIPAA-covered organization to create, maintain, receive, or transmit PHI on your organization's behalf, then they are your business associate. So, you'll need a BAA with them.