The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) stipulates that covered companies must enter into contracts with their trading partners to ensure that counterparties properly protect protect protected health information (“PHI”). Counterparties who mandate contractors for certain functions related to the PHI are also required to enter into co-partner contracts with their subcontractors. This article provides an overview of the rules for counterparty agreements. Instead, ask them to sign a confidentiality agreement. We insert these points into the confidentiality agreements we offer our clients: an “agent” in the legal sense is someone who acts as you. For the purpose of the injury notice, the discovery of an offence by an officer is served on you, as well as the legal consequences of his or her actions. Almost all subcontracting or supplier agreements expressly oppose an agency relationship between the parties. A BAA that requires all your subcontractors to be your agents is unnecessary, dangerous and probably impossible to meet. If you have questions about HIPAA requirements that apply to a business partner or would like to help us develop or revise a matching agreement, please contact us. Find our contact details below.
The purpose of the rule is to ensure that a counterparty cannot end data protection restrictions by passing on to a third party. If the consideration is not authorized to make use or disclosure, it is not the subcontractors either. What is a business associate? “counterparty”: a person or organization that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of a covered company or that provide services to a covered business; An insured company staff member is not a business partner. A covered health care provider, health plan or health care clearinghouse may be a counterpart to another insured company. The data protection rule lists some of the functions or activities and related services that make an individual or organization a business partner when the activity or service involves the use or disclosure of protected health information. The types of functions or activities that can make an individual or organization a counterpart include payment or health transactions, as well as other functions or activities governed by administrative simplification rules. A HIPAA business association agreement should not be a stand-alone contract.