Idaho Sample Business Associate Contract Provisions
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How to fill out Sample Business Associate Contract Provisions?
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Some examples of Business Associates:Collections agency.Billing or coding company.IT consultant.Practice management services.Medical transcriptionist.Answering service.E-prescribing services.Law office or accounting firm.More items...?
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.
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.
Contractors working exclusively for your company, individuals with other clients, and workers hired through a business are not Business Associates. However, your company is responsible if one of these individuals breaches PHI.
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.
Who Is Not a Business Associate? Persons and entities that are part of a covered entity's workforce are not considered business associates. This may include temporary workers, volunteers, interns, and others who work with or for a covered entity, regardless of who pays them (or even if they are paid).
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
At its most basic, BAA's must contain these provisions: Determine what PHI the Business Associate will access. Require that the Business Associate will use appropriate safeguards to secure PHI. Provide that the BA will not disclose protected health information save when permitted by the agreement.
A business associate is a person or entity, other than a member of the workforce of a covered entity, who performs functions or activities on behalf of, or provides certain services to, a covered entity that involve access by the business associate to protected health information.
Examples of Business Associates are lawyers, accountants, IT contractors, billing companies, cloud storage services, email encryption services, web hosts, etc.