Rhode Island Sample Business Associate Contract Provisions
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How to fill out Sample Business Associate Contract Provisions?
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FAQ
disclosure agreement (NDA) focuses on keeping confidential information private, while a business associate agreement (BAA) specifically addresses the handling of PHI under HIPAA regulations. Essentially, a BAA includes compliance measures for PHI that an NDA does not. Understanding Rhode Island Sample Business Associate Contract Provisions helps clarify these distinctions and ensures that you use the right agreement for your needs.
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
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.
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.
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
Business associate services are: legal; actuarial; accounting; consulting; data aggregation; management; administrative; accreditation; and financial.
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.
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.
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.
