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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.
At its simplest, a Business Associate Agreement (BAA) is a legal contract between a healthcare provider and an individual or organization that will receive access to, transmit, or store Protected Health Information (PHI) as part of its services for the provider.
What isnt mentioned, but is required, is that covered entities (CE) and BAs must execute a BAA with each other. So if youre not an internet service provider (ISP), or the US Postal Service (and the like), plus you store PHI, you need to execute a BAA to be in compliance with HIPAA regulatory requirements.
The HIPAA Privacy Rule requires all Covered Entities to have a signed Business Associate Agreement (BAA) with any Business Associate (BA) they hire that may come in contact with PHI. The HIPAA Omnibus Rule changed how BAs and Business Associate Subcontractors (BAS) can be held liable for potential HIPAA violations.
A BAA is a signed document where the business associate takes on the responsibility to keep your clients information safe and explains how it will do so. It also outlines the steps they will take in the case of a bdocHub. HIPAA requires that you get a BAA from every business that could have access to your clients PHI.
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The agreement must describe permitted and required PHI uses for the business associate and state that the business associate will not use or further disclose the protected health information other than as permitted or required by the contract or as required by law.
A HIPAA business associate is any entity, be that an individual or a company, provided with access to PHI in order to perform services for, or on behalf of, a HIPAA covered entity.
As such, a BAA is required any time you are working with a vendor or contractor who will come into contact with PHI on your organizations behalf. Keep in mind, HIPAA requires you to sign the BAA with your business associate before sharing any PHI with them.
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.
Business Associate Agreements. At its simplest, a Business Associate Agreement (BAA) is a legal contract between a healthcare provider and an individual or organization that will receive access to, transmit, or store Protected Health Information (PHI) as part of its services for the provider.

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