Slide city in the HIPAA Business Associate Agreement effortlessly

Aug 6th, 2022
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How to Slide city 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 HIPAA Rules define business associate generally to mean a person who performs functions or activities on behalf of, or certain services for, a covered entity that involve the use or disclosure of protected health information.
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.
Services provided by business associates can be accounting, billing, claims processing or data management. And of course, these are just a few examples of each. Covered entities hold the responsibility for guaranteeing its business associates are safeguarding protected health information.
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.
What is a business associate agreement? A business associate agreement establishes a legally-binding relationship between HIPAA-covered entities and business associates to ensure complete protection of PHI. This type of agreement is necessary if business associates can potentially access PHI during their work.
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.
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.
Examples of Business Associates are lawyers, accountants, IT contractors, billing companies, cloud storage services, email encryption services, web hosts, etc.

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