[Option 1 – if the counterparty is to return or destroy all protected health information after the termination of the contract] There are many HIPAA business association agreement templates available, but as a precautionary measure before they are used. Before using such a model, you should check for which model was designed to make sure it is relevant. It should also be customized to meet all the requirements of the covered company. Transitional provisions for existing contracts. Covered companies (excluding small health plans) that have entered into an existing contract (or other written agreement) with consideration prior to October 15, 2002 may continue to work under this contract beyond April 14, 2003 until an additional year, unless the contract is extended or amended before April 14, 2003. This transitional period applies only to written contracts or other written agreements. Oral contracts or other agreements are not eligible for the transitional period. As part of these contracts with their counterparts, covered companies that are entitled to enter into contracts may continue to work with their counterparties until April 14, 2004 or until the renewal or modification of the contract, depending on whether the date is earlier, whether or not the contract meets the existing contractual requirements of Rule 45 CFR 164.502 (e) and 164,504 (e). A covered company must also comply with the data protection rule, for example. B only provide authorized information to the counterparty and allow individuals to exercise their rights in accordance with the rule. See 45 CFR 164.532 (d) and (e). [The parties may add additional features with respect to the counterparty`s obligations to notify an infringement, such as, for example. B, a stricter period for the counterparty to report a possible violation to the entity concerned, and/or whether the counterparty will deal with injury notifications to individuals, the HHS Office for Civil Rights (OCR) and possibly the media on behalf of the company concerned.] Counterparties` functions and activities include: processing or managing receivables; Data analysis, processing or management Checking usage Quality assurance Settlement of accounts Benefit management Practice management and reassessment.
The services provided by trading partners are: legal; actuarial; Accounting; The council data aggregation Administration From an administrative point of view Accreditation and financially. See the definition of “Business Associate” at 45 CFR 160.103. This is just one example of language and the use of these examples is not necessary to comply with HIPAA rules. The language may be modified to more accurately reflect trade agreements between a counterparty or counterparty or subcontractor. In addition, these provisions or similar provisions may be included in a service agreement between a counterparty or counterparty or a subcontractor or in a separate counterparty agreement. These provisions relate only to the concepts and requirements defined in the rules of data protection, security, infringement and enforcement of hipaa legislation and may not be sufficient on their own to achieve a binding contract under national law. They do not contain many formalities and material provisions that may be required or contained in a valid contract. The use of this sample may not be sufficient to respect state law and may not replace consultation with counsel or negotiations between the parties. Contractors who work exclusively for your business, individuals with other customers, and employees hired through a company are not business partners.
However, your company is liable if one of these people violates the PHI. www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html [The agreement could also provide that the counterparty could pass on the protected health information to another counterparty of the company insured at the time of termination and/or add conditions relating to a counterparty`s obligations to obtain information