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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.
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.
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
BAAs must be signed by all Covered Entities, whenever their business associate will handle PHI that passes through the Covered Entity first.
With this PHI access, all business associates are required to sign what's called a business associate agreement (BAA). The BAA is a legal contract that describes how the business associate adheres to HIPAA along with the responsibilities and risks they take on.
What is a Business Associate Agreement? A Business Associate Contract, or Business Associate Agreement, is a written arrangement that specifies each party's responsibilities when it comes to PHI. HIPAA requires Covered Entities to only work with Business Associates who assure complete protection of PHI.
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.
Checklist for BAA Compliance.Not use or further disclose the PHI other than as permitted or required by the BAA or as required by law.Use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by the BAA.Where applicable, comply with Security Rules with respect to electronic PHI.More items...?
Business Associate Agreements. 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.