Sample Business Associate Contract Provisions
Understanding this form
The Sample Business Associate Contract Provisions is a template designed to aid covered entities in forming compliance with privacy laws, particularly the Privacy Rule. This form includes sample language that can be adapted to reflect specific business arrangements between covered entities and their business associates. Unlike standard contracts, this form focuses specifically on the terms relevant to privacy compliance.
What’s included in this form
- Statement of Intent: Clarifies the purpose of the sample provisions.
- Definitions: Provides specific definitions for terms such as Business Associate and Protected Health Information.
- Obligations of Business Associate: Details the responsibilities regarding the use and disclosure of Protected Health Information.
- Permitted Uses: Outlines when the business associate is allowed to use or disclose Protected Health Information.
- Termination Clauses: Specifies the conditions under which the agreement may be terminated and how information should be handled upon termination.
When to use this document
This form should be used by covered entities when engaging a business associate who will handle Protected Health Information. It is essential whenever a covered entity needs to ensure compliance with federal privacy regulations and to outline responsibilities regarding the handling of health information.
Who should use this form
- Healthcare providers
- Health plans
- Business associates that manage or process health information
- Organizations requiring compliance with the Privacy Rule
How to complete this form
- Identify the parties involved, including the business associate and covered entity.
- Insert specific definitions for terms relevant to the agreement.
- Detail the obligations and activities of the business associate.
- Specify the permitted uses and disclosures of Protected Health Information.
- Outline the termination conditions, ensuring all parties understand the process.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to customize definitions and obligations to suit specific business arrangements.
- Overlooking local state laws that may impose additional requirements.
- Not including necessary safeguarding provisions for Protected Health Information.
Advantages of online completion
- Convenient access for instant downloading and editing.
- Reliable format drafted with input from licensed attorneys.
- Easy to customize according to specific business needs and compliance requirements.
Legal use & context
- This form helps satisfy the requirements of the Privacy Rule.
- The provisions outlined are advisory and should be tailored to meet specific contractual obligations.
- Using sample language does not guarantee compliance with all applicable laws.
Key takeaways
- The Sample Business Associate Contract Provisions provide essential guidelines for compliance with privacy regulations.
- Customization is necessary to reflect the unique arrangement between entities.
- Consultation with a legal professional is recommended to ensure compliance with state laws.
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FAQ
At its simplest, a Business Associate Agreement (BAA) is a legal contract between a healthcare provider and an individual or organization that will receive access to, transmit, or store Protected Health Information (PHI) as part of its services for the provider.
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.
The business associate agreement is a contract that stipulates the types of protected health information (PHI) that will be provided to the business associate, the allowable uses and disclosures of PHI, the measures that must be implemented to protect that information (e.g. encryption at rest and in transit), and the
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.
A business associate contract, or business associate agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI.The satisfactory assurances must be in writing, whether in the form of a contract or other agreement between the covered entity and the business associate.
Business associates of HIPAA covered entities include third-party administrators, billing companies, transcriptionists, cloud service providers, data storage firms electronic and physical records, EHR providers, consultants, attorneys, CPA firms, pharmacy benefits managers, claims processors, collections agencies,
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.
Common Examples of Business Associates Service providers that are typically Business Associates when accessing PHI are: Answering services. Companies involved in claims processing, repricing or collections (e.g., medical billing companies, collection agencies) Health information exchanges (HIEs), e-prescribing gateways.