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A business associate contract is not required with persons or organizations whose functions, activities, or services do not involve the use or disclosure of [PHI], and where any access to [PHI] by such persons would be incidental, if at all.
Essentially, if an organization is hired to handle, use, distribute, or access protected health information (PHI), they likely qualify as a BA under HIPAA regulation. The quick rule to remember with Business Associates: before you share PHI, you must have a compliant BAA in place.
Do Two Covered Entities Need a BAA? Yes. If you hire another HIPAA-covered organization to create, maintain, receive, or transmit PHI on your organization's behalf, then they are your business associate. So, you'll need a BAA with them.
The HIPAA Rules generally require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information.
The purpose of a business associate agreement is to outline your BA's responsibility to keep your patients' PHI private and secure. The BAA sets forth the expectations and requirements of both parties \u2013 both you and the vendor, and of course, as a contract, it is a legally binding document.
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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.
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.
The HIPAA Rules generally require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information.
Essentially, if an organization is hired to handle, use, distribute, or access protected health information (PHI), they likely qualify as a BA under HIPAA regulation. The quick rule to remember with Business Associates: before you share PHI, you must have a compliant BAA in place.
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 breach. HIPAA requires that you get a BAA from every business that could have access to your clients' PHI.

what is a baa agreement