Standard Business Associate Agreement
This form applies only to the agreement between a counterparty and an insured company. Counterparties must enter into separate BAAs with their subcontractors. A lawyer may modify this form to meet the subcontractor`s BAA requirements or design a separate BAA subcontractor. Use our HIPAA business association agreement if your company has access to health information and asks a third party to process this information. Some covered companies require counterparties to send written confirmation that all copies of PHI delivered by the covered entity to companies destroyed by counterparties have been destroyed. A lawyer may add this condition if desired by a covered unit. CONSIDERING that the entity concerned has obliged the counterparty to provide specific services for or for hedging entities that are described and defined in one or more separate agreements for services between the parties, order forms and/or work declarations (a “service agreement”) package, and that they may use or disclose, in conjunction with those services, certain individual health information protected by data protection and data protection rules; and 2.10 Management and Administration. Business Associate undertakes to use or disclose PHI received as a counterpart for its own activities by Covered Entity only if: (a) the use relates to the proper management and management of Business Associate, or exercises the legal responsibilities of the counterparty or provides data aggregation services related to the medical operations of the covered entity; or b) disclosure of information received as such is related to Business Associate`s provision of services specified in a service contract, and such disclosure is required by law, or Business Associate receives from the person to whom the information is disclosed, the assurance that it will be treated confidentially, and the person also undertakes to inform business associate of a security incident or violation. [In addition to other authorized purposes, the parties must indicate whether the counterparty has the right to use protected health information to decipher the information covered by 45 CFR 164.514 (a)-c). The parties may also indicate how the counterparty will detract from the information and authorized uses and advertisements of information not identified by the counterparty.] This standard provision requires parties to take legal action against a particular state and county.