Cut card in the HIPAA Business Associate Agreement effortlessly

Aug 6th, 2022
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How to Cut card in the HIPAA Business Associate Agreement

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hi everyone my name is Lauren Ramos I am an associate attorney at McGuire woods and we wanted to thank you all for joining us today and were going to go ahead and get started with the webinar Im also joined by my colleague Edwin Smith who is also an attorney in the health care department at McGuire woods and we are presenting to you today a presentation on HIPAA business associate agreements so thats where well spend the bulk of our time today but we are going to start and end with a little more general information just about business associates whats required if business associates kind of how they are now accountable under HIPAA to hopefully give some context around what business associate agreements really mean and whats required there I know that we have the QA feature enabled so please feel free to shoot your questions over we will try to answer them in real time and if were not able to we will well get a report and well certainly follow up with you after the webinar to r

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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.
Credit card information is considered protected health information (PHI), under HIPAA and its implementing regulations when it is stored by a healthcare provider.
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.
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.
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.
Business associate agreements form the backbone of your organizations HIPAA compliance program. These agreements include clauses outlining the permissible and impermissible uses of Protected Health Information (PHI), each partys liabilities, consequences of failing to comply with stated requirements, and more.
There are some exceptions to whether a business associate agreement is needed. Common exceptions where no BAA is needed involve, generally, disclosures to a healthcare provider for treatment purposes, and disclosures from a provider to a health plan for payment purposes.
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.
There are some exceptions to whether a business associate agreement is needed. Common exceptions where no BAA is needed involve, generally, disclosures to a healthcare provider for treatment purposes, and disclosures from a provider to a health plan for payment purposes.
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.

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