Colorado Sample Business Associate Contract Provisions
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How to fill out Sample Business Associate Contract Provisions?
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FAQ
Business associates help their employers to acquire and retain customers. They follow sales leads and open up new avenues for the business to target and focus on customer relationship management. Business associates find and pursue possible leads in the hopes of finding new customers and interested parties.
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.
Significantly, the following are not business associates: (i) entities that do not create, maintain, use, or disclose PHI in performing services on behalf of the covered entity; (ii) members of the covered entity's workforce; (iii) other healthcare providers when providing treatment; (iv) members of an organized
Business associate services are: legal; actuarial; accounting; consulting; data aggregation; management; administrative; accreditation; and financial.
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
For example, the contract must: Describe the permitted and required uses of protected health information by the business associate; Provide 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; and Require
So, a covered entity is not required to sign a BAA with their business associates' subcontractors, but the business associate is. Each party in the chain is required by regulation and by contract to protect the PHI and administer it consistently with the obligations of the covered entity at the top of the chain.
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.
BAAs must be signed by all Covered Entities, whenever their business associate will handle PHI that passes through the Covered Entity first.