This business associate agreement baa effective as of date effective date is entered into by and between entity name business associate and entity name on behalf of itself and its subsidiaries covered entityfor purposes of this baa covered entity and business associate may each be referred to as a party and. Business associate breaches any term in this agreement.
But understanding what a good baa should and should not include isnt as intuitive as understanding that you need one in the first place.
Business associate agreement hitech template. Now therefore for good and valuable consideration the receipt and sufficiency of. This is a draft business associate agreement based on the template provided by hhs. It is not intended to be used as is and you should only use the agreement after you have reviewed it with your legal counsel.
This is a hipaa business associate agreement contract addendum template for the requirements of the hitech act of 2009 in microsoft word format. Alternatively covered entity may give written notice to business associate in the event of a breach and give business associate five 5 business days to cure such breach. Covered entities other than small health plans that have an existing contract or other written agreement with a business associate prior to october 15 2002 are permitted to continue to operate under that contract for up to one additional year beyond the april 14 2003 compliance date.
Hipaa business associate agreement. Oca benefit services llc does not nor is it authorized to provide legal advice and. Business associate agreements baas are an essential part of any effective hipaa compliance program.
Use it as a starting point and customize to meet the requirements for your business associates agreements. If you dont have a template to work with or if your template isnt an up to date version that addresses the requirements of the hitech act then take a look at the business associate agreement template that we recommend. Accounting obligation as set forth at 45 cfr 164528 or regulations issued pursuant to hitech business associate shall record for each disclosure the information required to be recorded by.
Covered entity shall also have the option to immediately stop. More than just a template how to get the best out of your baas. Business associate agreement.
Hipaa business associate agreement this hipaa business associate agreement the agreement is executed by the parties on. Whereas in light of the foregoing and the requirements of the hipaa statute the hitech act and hipaa regulations business associate and covered entity agree to be bound by the terms and conditions of this agreement. Please view our sample business associate contract.
An updated business associate agreement is mandatory in todays regulatory and legal environment. Sample business associate agreement. Sample business associate agreement provisions published january 25 2013 introduction a business associate is a person or entity other than a member of the workforce of a covered entity who performs functions or activities on behalf of or provides certain services to a covered entity that involve access by the business associate to protected health information.
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