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In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules. If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules.
Yes, provided the covered entity (or business associate) enters into a business associate agreement (BAA) with the CSP and otherwise complies with the applicable requirements of the HIPAA Rules.
A covered entity that engages the services of a business associate to fulfill an individual's request for access to their PHI is responsible for ensuring that, where applicable, no more than the reasonable, cost-based fee permitted under HIPAA is charged.
Basically, if your organization interacts with protected health information (PHI) from a health provider, health insurer, or similar covered entity (CE) your organization is considered a business associate (BA) which must comply with all HIPAA/HITECH regulations and be HIPAA compliant.
Who Needs a Business Associate Agreement? Any Business Associate you share PHI or ePHI with over the course of the work they've been hired to do is who needs a Business Associate Agreement.
Ing to the HHS, ?Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules' requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information.?
HIPAA defines businesses associates as a person or entity that provides services to a covered entity that involves the disclosure of PHI. Businesses that would be considered business associates when working with covered entities are: Software companies with access to PHI. Companies in claims processing or collections.