Clean line in the HIPAA Business Associate Agreement

Aug 6th, 2022
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How to clean line in the HIPAA Business Associate Agreement

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a common question we receive at PCI Hippa is who is considered a business associate here are three questions to help you determine who is a business associate first do they require disclosure of protected health information Phi to provide their services second are they your employee and finally are they a covered entity or someone who is only working with you to treat patients if you answered yes to question number one and no to questions 2 and three then they are most likely a business associate for example lawyers accountants Consultants practice management software companies medical transcribers and third-party administrators are all business associates they all are required to handle Phi to perform their services under Hippa a covered entity and their business associates are required to enter into contracts called business associate agreements the agreement must describe the permitted uses of Phi state that the business associate will not use the Phi other than what is permitted un

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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 entitys workforce is not a business associate.
The business associate will implement safeguards to prevent the misuse of the information and ensure the confidentiality, integrity, and availability of PHI. The business associate will help the covered entity comply with some of the covered entitys duties under the HIPAA Privacy Rule.
The HIPAA Privacy Rule requires covered entities to enter into written contracts or other arrangements with business associates which protect the privacy of protected health information; but covered entities are not required to monitor or oversee the means by which their business associates carry out privacy safeguards
At a minimum, Business Associate will furnish Covered Entity the following with respect to any covered disclosures by Business Associate: (i) the date of disclosure of PHI; (ii) the name of the entity or person who received PHI, and, if known, the address of such entity or person; (iii) a brief description of the PHI
Business Associate A person or entity who, on behalf of a covered entity, performs or assists in performance of a function or activity involving the use or disclosure of individually identifiable health information, such as data analysis, claims processing or administration, utilization review, and quality assurance
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,
A BA is not permitted to use or disclose PHI in a manner that would violate the Privacy Rule if done by the Covered Entity including, expressly, the Minimum Necessary Standard. A BA may not use or disclose PHI except as permitted or required by the Privacy Rule or the Enforcement Rule.
Consultants hired to conduct audits, perform coding reviews, etc. Lawyers. External auditors or accountants. Professional translator services.

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