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Who Needs To Sign A Business Associate Agreement

By Zach Arnold | December 21, 2020

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From award-winning HIPAA training to contracts and agreements, we can meet your requirements so that you have protected your business. If you hire a contractor and process PHI that goes through your business first, you must sign a BAA with that contractor. Your business partners must then sign HIPAA contract forms with their business partners. (OCR Business Associate Guidance, available on www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/businessassociates.html). This exemption applies only to the extent that the health care provider uses the PPH for treatment purposes; it would not apply if the health care provider uses the information to perform other functions on behalf of the company concerned. “For example, a hospital may benefit from the services of another health care provider to assist in the training of medical students in the hospital. In this case, a matching contract would be required before the hospital could allow the health care provider access to [PHI]. (OCR FAQ). But even in this example, the hospital and the doctor would not need a business agreement if they were members of an OHCA. HIPAA requires insured entities to cooperate only with trading partners that guarantee full protection of the PHI.

These insurances must take the form of a contract or other agreement between the insured company and the BA. what it means to have “systematically resigned” [PHI] to determine what types of data services are counterparties versus simple lines, such a finding will be precisely specific depending on the nature of the services provided and the extent to which the company needs access to [PHI] to provide the service to the company concerned. The exclusion from the channel is narrow and is intended to exclude only services that provide only courier services, such as the U.S. Postal Service or United Parcel Service and their electronic equivalents, such as Internet Service Providers (ISPs), which provide only data services. As noted in the guide, a line carries information, but only randomly or rarely accesses how it is necessary to provide transportation service or as required by other laws. For example, a telecommunications company may have occasional and random access to [PHI] when it verifies that data transmitted over its network arrives at its normal destination. Such random access to [PHI] would not qualify the company as a business partner.

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