Virginia Sample Business Associate Contract Provisions
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How to fill out Sample Business Associate Contract Provisions?
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FAQ
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.
Business associates must comply with HIPAA for the following reasons:Civil Penalties Are Mandatory for Willful Neglect.Business Associates Must Self-Report HIPAA Breaches.Execute and comply with valid business associate agreements.Comply with privacy rules.Implement Security Rule safeguards.Train personnel.More items...?
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
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
While it is almost always necessary for a Business Associate to sign an agreement with a Covered Entity when a Business Associate is creating, receiving, maintaining, or transmitting ePHI of behalf of the Covered Entity, if a third party service provider the company is not providing a covered service, (i.e., a
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 agreement must describe permitted and required PHI uses for the business associate and state 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.
BAAs must be signed by all Covered Entities, whenever their business associate will handle PHI that passes through the Covered Entity first.
A HIPAA Business Associate Agreement is a contract between a HIPAA Covered Entity and a business or individual that performs functions or activities on behalf of, or provides a service to, the Covered Entity when the function, activity, or service involves access to Protected Health Information (PHI) by the business or