Delaware Sample Business Associate Contract Provisions
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FAQ
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.
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.
Business associate services are: legal; actuarial; accounting; consulting; data aggregation; management; administrative; accreditation; and financial.
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.
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.
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
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
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
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.
