Iowa HIPAA Business Associates Agreement
Description
How to fill out HIPAA Business Associates Agreement?
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FAQ
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.
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.
Examples of Business Associates are lawyers, accountants, IT contractors, billing companies, cloud storage services, email encryption services, web hosts, etc. (This list could go on for a while.) You are required to have a Business Associate Agreement with these people.
The Omnibus Rule expands the definition of a ?business associate? to include all entities that create, receive, maintain, or transmit PHI on behalf of a covered entity,7 making clear that companies that store PHI on behalf of health care providers and health plans are business associates.
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.
The Final Rule requires that business associates and their subcontractors comply with the HIPAA rules in the same manner as covered entities. Any entity that ?creates, receives or transmits? PHI on behalf of a covered entity may now be held directly liable for impermissible uses/disclosures.
The business associate amendment requires that a provider cannot request Google use or disclose PHI in any manner that would not be permissible under HIPAA, if done by a covered entity itself (unless otherwise expressly permitted under HIPAA for a Business Associate).
Under HIPAA, employees within your organization are not considered business associates. However, some examples of individuals and technologies that are considered HIPAA business associates include lawyers, billing companies, web hosting services, and email encryption services, to name a few.
