Bind side in the HIPAA Business Associate Agreement effortlessly

Aug 6th, 2022
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How to Bind side in the HIPAA Business Associate Agreement

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welcome to the pvw law video library in this video we will be discussing business associates and business associate agreements for additional information regarding the relationship between covered entities and business associates under HIPAA please go to our video library and watch the HIPAA 101 video what is a business associate a business associate or ABA is a person or entity that performs certain functions or activities for a covered entity that involves the use or disclosure of protected health information or pahi protected health information is all the individually identifiable health information held or transmitted by a covered entity or it's business associate in any form or media whether electronic paper or oral basically business associates provide services to covered entities that involve the sharing of protected health information a covered entity is a health care provider that transmits pH I electronically a health plan or a health care Clearinghouse keep in mind that a m...

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Keep in mind, HIPAA requires you to sign the BAA with your business associate before sharing any PHI with them. This will help you avoid a privacy bdocHub, as well as fines and investigations for failing to have a BAA in place.
In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules. If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules.
At its most basic, BAAs 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.
All of the following are true about Business Associate Contracts EXCEPT? Business Associate are NOT required to obtain satisfactory assurances (i.e., that their PHI will be protected as required by HIPAA law) form their subcontractors.
The Department also clarifies that a business associate contract is not required with persons or organizations whose functions, activities, or services do not involve the use or disclosure of protected health information, and where any access to protected health information by such persons would be de minimus, if at
Business associate functions and activities include: claims processing or administration; data analysis, processing or administration; utilization review; quality assurance; billing; benefit management; practice management; and repricing.
A written contract between a covered entity and a business associate must: (1) establish the permitted and required uses and disclosures of protected health information by the business associate; (2) provide that the business associate will not use or further disclose the information other than as permitted or required
6. Do BAAs Need to be Signed Annually? No. If your BAA is evergreen, it will renew automatically and wont require a new signature to remain valid.
Who Is Not a Business Associate? Persons and entities that are part of a covered entitys workforce are not considered business associates.
Any person or organization identified under HIPAA as a Business Associate must sign a BAA with you. If you hire a contractor, and it handles PHI that passes through your company first, you need to sign a BAA with that contractor.

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