Hide Payment Field in the Business Associate Agreement and eSign it in minutes

Aug 6th, 2022
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How to Hide Payment Field in the Business Associate Agreement

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ive been told i need a business associate agreement or a BAA. What does this mean? Im Erin Jackson with Jackson LLP Healthcare Lawyers. This is a common question we receive, especially when we speak with a potential client or existing client and we advise them that they need a BAA to comply with HIPAA. Business associate agreements are required by HIPAAs security rule. What they are is a contract between two entities, usually a covered entity and a business associate, and it describes how both parties are going to protect and maintain PHI or protected health information. Often a BAA is executed between an EMR company (or medical records company) and a medical practice, describing how the EMR company is going to protect the practices data and it ensures that both parties have compliant HIPAA policies and procedures. A BAA alone doesnt mean anything. The whole point is that both sides are agreeing that they maintain the legally required HIPAA policies a

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Although many people know that HIPAA protections apply to medical records and details about health care services, they may not realize that HIPAA also applies to payment-related information. The short answer to the question, Is billing information protected under HIPAA? is yes, it is.
Examples of organizations that do not have to follow the Privacy and Security Rules include: Life insurers. Employers. Workers compensation carriers.
The Privacy Rule requires that a covered entity obtain satisfactory assurances from its business associate that the business associate will appropriately safeguard the protected health information it receives or creates on behalf of the covered entity, HHS states on its website.
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.
A non-covered entity is an individual, business, or agency that is NOT a health care provider that conducts certain transactions in electronic form, NOT a health care clearinghouse, and NOT a health plan.
The US Department of Health and Human Services (HSS.gov) has stated that credit card processing does not fall within the scope of HIPAA as no health record information is being stored - only card payment information.
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.
However, keep in mind that payment processing platforms are not considered business associates under HIPAA. This means theyre not required to be HIPAA-compliant.

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