13 Sep Business Associate Agreement Between Business Associates
In addition, parties are often subject to BAAs that contain unilateral offsettings and other provisions that can be devastating to an organization in the event of a violation of the HIPC. As described above, although the seizure of BAAs has become routine for many companies and counterparties covered by the HIPC, these contracts must be taken seriously. Careful compliance with the provisions of aspa and related compliance obligations at the beginning of a relationship can avoid significant legal and financial challenges in the future. It is also worth drawing the attention of a business partner to the consequences of non-compliance with HipAA requirements. Counterparties may be sanctioned directly by supervisory authorities for HIPC infringements. (6) undertakings which perform management or management functions for counterparties. Covered companies may allow counterparties to use IHP for the management and management of the counterparty or for legal liabilities. (45 CFR 164.504 (e) (4)). If so, the 3rd members of organized health care. Covered entities participating in an Organized Health Agreement (OHCA) are not counterparties to each other, while they perform functions on behalf of OHCA; «Therefore, they can use [PHI] for OHCA`s joint health activities and disclose them without entering into a counterparty agreement.» (OCR FAQ; see 45 CFR 160.103). An OHCA is (1) «a clinically integrated care facility in which individuals typically receive health care from more than one health care provider» (for example.B. a hospital and its medical staff; 2.
Since the covered company has complied with its duty of care, it is unlikely that the covered company will be found guilty if a supplier violates the BAA and somehow violates the HIPC. When the supplier signs the document, he assumes responsibility for saving PHI. Under the law, the HIPC data protection rule only applies to covered companies – health plans, clearing houses for healthcare and certain healthcare providers. . . .