Business Associate's Subcontractors i. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI.
Business Associate's Subcontractors. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. Business Associate shall provide to Covered Entity, on Covered Entity’s request, a list of Subcontractors who have entered into any such agreement with Business Associate. Business Associate shall provide to Covered Entity, on Covered Entity’s request, copies of any such agreements Business Associate has entered into with Subcontractors.
Business Associate's Subcontractors. In accordance with 45 CFR 164.502(e)(1)(ii) and 45 CFR 164.308(b)(2), Business Associate shall obtain satisfactory assurances that any agent or Subcontractor that creates, receives, maintains, or transmits PHI, including Electronic PHI, on behalf of Business Associate will appropriately safeguard such PHI. Business Associate shall require each agent or Subcontractor that creates, receives, maintains, or transmits PHI, including Electronic PHI, on behalf of Business Associate to sign an agreement with Business Associate containing substantially the same provisions as this Agreement, in which such agent or Subcontractor agrees to the same restrictions and conditions that apply to Business Associate with respect to such PHI.23 22 Business associates are required to use appropriate safeguards to prevent improper use and disclosure of PHI. See 45 CFR § 164.504(e)(2)(ii)(B). With regard to PHI that is not Electronic PHI, the specific safeguards the business associate must use are not delineated. There are, however, a series of administrative steps covered entities must take to protect PHI, including but not limited to designating a privacy officer; training staff; implementing administrative, technical, and physical safeguards to protect the privacy of PHI; implementing a process for individuals to make complaints; creating a sanction policy for when employees improperly use or disclose PHI; documentation and retention of HIPAA- related records and communications; mitigation of any harmful effects of improper use or disclosure; and developing and implementing written policies and procedures. See 45 CFR § 164.530. A housing provider may wish to follow these same administrative requirements as well in order to appropriately safeguard the PHI it possesses. Housing providers should keep in mind that safeguards are flexible, and dependent upon the size and complexity of the individual organization. See 45 CFR § 164.306(b)(2)(i). With regard to documentation, HIPAA requires covered entities to retain HIPAA-related documents, including policies and procedures, records of disclosures, communications, and records of sanctions applied for six years. 45 CFR § 164.530(j). As discussed elsewhere in this agreement (Paragraphs B.8 - B.11 of this Agreement and footnotes 24-27), a business associate is required to provide the covered entity with certain information requested by the covered entity to allow the covered entity to fulfill its own HIPAA obligations — for example, a b...
Business Associate's Subcontractors. In accordance with the requirements set forth at 45 C.F.R. § 164.502(e)(1)(ii) and § 164.308(b)(2), as applicable, Business Associate will ensure that any subcontractor that creates, receives, maintains, or transmits PHI on behalf of Business Associate agrees, by entering into a written business associate agreement with Business Associate, to the same restrictions, conditions, and requirements that apply to Business Associate with respect to such information. Business Associate shall implement and maintain sanctions against subcontractors that violate such restrictions and conditions and shall mitigate such effects of any such violation.
Business Associate's Subcontractors. Business Associate shall ensure that any of its Subcontractors that create, receive, maintain, transmit, Use or Disclose PHI for or on behalf of Business Associate, agree in writing to the same restrictions, terms, and conditions relating to PHI that apply to Business Associate in this BAA. Business Associate shall make its agreements with such Subcontractors available to Covered Entity upon request.
Business Associate's Subcontractors. Business Associate expressly acknowledges that HITECH makes directly applicable to Business Associate and its subcontractors certain provisions of the HIPAA Privacy Rule and the Security Rule, and that such subcontractors may be considered “business associates” in their own respect with regard to PHI that they may create, receive, maintain or transmit for or on behalf of Business Associate. Business Associate hereby agrees to:
Business Associate's Subcontractors. Business Associate shall ensure that subcontractors, to whom it provides PHI created by or received from Covered Entity or created by Business Associate on behalf of Covered Entity, agree to the same or greater restrictions and conditions that apply to Business Associate through this BAA with respect to such PHI. Business Associate shall impose appropriate sanctions against any such subcontractor that violates any requirements, restrictions or conditions that apply to Business Associate through this BAA. If Business Associate’s reasonable steps to cure such breach or violation are unsuccessful, Business Associate shall terminate the contract or arrangement with such subcontractor, if feasible.
Business Associate's Subcontractors. Business Associate shall not transmit Covered Entity’s PHI to any Subcontractor or prospective Subcontractor except as otherwise provided herein. In accordance with the Omnibus Rule, Business Associate shall enter into a written subcontractor agreement (the “Subcontractor Agreement”) with any Subcontractor that creates, receives, maintains, or transmits Covered Entity’s PHI on behalf of Business Associate. In the event that Business Associate knows of a pattern of activity or practice of a Subcontractor that constitutes a material breach or violation of the Subcontractor’s obligation under the Subcontractor Agreement or other arrangements, Business Associate shall take reasonable steps to cure such breach or end the violation, as applicable, and, if such steps shall unsuccessful, terminate the Subcontractor Agreement or other arrangements, if feasible. A Subcontractor Agreement shall contain, among other things, the following:
Business Associate's Subcontractors. Business Associate shall require that each Subcontractor agrees in writing to provide reasonable assurances that such Subcontractor will comply with restrictions and conditions that are substantially similar in all material respects to the restrictions and conditions that apply to Business Associate under this Schedule with respect to such PHI. Notwithstanding the foregoing, Business Associate will treat its Affiliates who create, receive, maintain or transmit PHI as members of its Workforce and will not be required to obtain such written assurances from such Affiliates, and Business Associate will be responsible for any actions of such Affiliates in violation of Business Associate’s obligations in this Schedule.
Business Associate's Subcontractors. In accordance with 45 CFR 164.502(e)(1)(ii) and 45 CFR 164.308(b)(2), Business Associate shall obtain satisfactory assurances that any agent or Subcontractor that creates, receives, maintains, or transmits PHI, including Electronic PHI, on behalf of Business Associate will appropriately safeguard such PHI. Business Associate shall require each agent or Subcontractor that creates, receives, maintains, or transmits PHI, including Electronic PHI, on behalf of Business Associate to sign an agreement with Business Associate containing substantially the same provisions as this Agreement, in which such agent or Subcontractor agrees to the same restrictions and conditions that apply to Business Associate with respect to such PHI.23
