BUSINESS ASSOCIATE AGREEMENT (BAA. 10.3.1. CONTRACTOR may perform or assist COUNTY in the performance of certain health care administrative duties that involve the use and/or disclosure of client identifying information as defined by HIPAA. For these duties, the CONTRACTOR shall be a Business Associate of the COUNTY and shall comply with the applicable provisions set forth in the HIPAA BAA, which must be signed and attached as an exhibit to this Agreement.
BUSINESS ASSOCIATE AGREEMENT (BAA. What Is It and Why Do I Need One? As our “new normal” evolves to include telework, videoconferencing, and other tele- communication platforms you may be asked to participate or provide information to other companies, electronic platforms or software vendors in an effort to continue our work in the “social distancing, new normal” environment. Before you do—be sure to know whether or not there is a business associate agreement (BAA) in place. This requirement also applies to any other vendor, business partner (telecommunication or otherwise) So, what is a Business Associate Agreement (BAA)? First, a business associate is any individual or entity that performs functions or activities on behalf of a cov- ered entity (that’s us) and requires the business associate (that’s them!) to use and/or access DMHAS protected health information also known as PHI. Additionally the agree- ment (BAA) is required by HIPAA and the HITECH Act and is the legal contract that is de- signed to keep everyone (including vendors and our business partners) accountable for the patient data they access, use, store and in some cases—share. Why do I need one? Simply put, it’s a requirement. Health and Human Ser- vices (HHS) states “The Privacy Rule requires that a covered entity obtain satisfactory assur- ances from its business associate that the business associate will appropriately safeguard the protected health information it receives or creates on behalf of the covered entity.” “The satisfactory assurances must be in writing, whether in the form of a contract or other agree- ment between the covered entity and the business associate.” Here’s a short list* of what else the business associate agreement tells us: With integrity, you have nothing to fear, since you have nothing to hide. With integrity, you will
BUSINESS ASSOCIATE AGREEMENT (BAA. By executing the Agreement, MX and Participant are executing the BAA and agreeing to comply with the BAA.
BUSINESS ASSOCIATE AGREEMENT (BAA. Contractor may perform or assist County in the performance of certain health care administrative duties that involve the use and/or disclosure of patient identifying information as defined by HIPAA. For these duties, Contractor may be a Business Associate of County of Alameda and shall comply with the applicable provisions set forth in Exhibit E, BAA, which is attached hereto and made part of this Agreement.
BUSINESS ASSOCIATE AGREEMENT (BAA. The Contractor shall be required to enter into a DMAS-supplied Business Associate Agreement (BAA) with DMAS to comply with regulations concerning the safeguarding of protected health information (PHI) and electronic protected health information (ePHI) attached hereto as Exhibit F (BAA). The Contractor shall comply, and shall ensure that any and all subcontractors comply, with all State and Federal laws and regulations with regards to handling, processing, or using the Department’s PHI and ePHI. This includes but is not limited to 45 C.F.R. Parts 160 and 164 Modification to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules; Final Rule, January 25, 2013 and related regulations as they pertain to this agreement. This also includes the requirements in Virginia Code § 32.1-325.3, DMAS regulations, and federal Medicaid requirements regarding safeguarding information of applicants and recipients as set forth in 42 C.F.R. 431, Subpart F. The Contractor shall keep abreast of any future changes to the regulations. The Contractor shall comply with all current and future HIPAA regulations and other applicable state and federal requirements at no additional cost to DMAS, and agrees to comply with all terms set out in the DMAS BAA, including any future changes to the DMAS BAA. The current DMAS BAA template is available on the DMAS website at xxxx://xxx.xxxx.xxxxxxxx.xxx/Content_pgs/rfp.aspx
BUSINESS ASSOCIATE AGREEMENT (BAA. Is a written arrangement that specifies each party’s responsibilities when it comes to PHI. HIPAA requires Covered Entities to only work with Business Associates who assure complete protection of PHI. These assurances must be in writing in the form of a contract or other agreement between the Covered Entity and the Business Associate.
