Counterparty agreements are the cornerstone of HIPC-compliant supplier relationships. An important part of responsible supplier and contract management is updating and updating your documents. From the HIPAAtrek platform, you can create, trade and sign your BAAs. With HIPAAtrek, you can rest assured if you know you haven`t missed a step. Contact us to find out more. Not all doctors need a BAA. The easiest way to tell this is whether you are a “covered entity” and whether you are subject to HIPAA rules. Ask yourself these two questions: Word of caution: if a hedged company wants to avoid being liable for the actions of its counterparty, the counterparty agreement should not give too much control to the covered entity and create a possible “agency relationship”. A BAA is a crucial component for any person, company or other organization that processes PHI from a covered entity. Not only does it describe the relationship between the two parties, but it can also protect one of them in the event of an infringement. Here`s a great article from our partner, Person Centered Tech, which explains some of the technical details surrounding the entity covered issue. General provision. The data protection rule requires that a covered entity receive satisfactory assurances from its counterparty that the counterparty adequately protects the protected health information it receives or produces on behalf of the covered entity.
Satisfactory assurances must be made in writing, whether in the form of a contract or other agreement between the covered entity and the counterparty. 5. If the counterparty uses subcontractors or other companies to provide services to the covered entity in which PHI is involved, you execute counterparty agreements with the subcontractors. (45 CFR 164.314 (a) and 164.504 (e)). According to the law, the HIPC data protection rule only applies to covered companies – health plans, clearing houses for healthcare and certain healthcare providers. However, most health care providers and health plans do not perform all of their health activities and functions themselves. Instead, they often use the services of a large number of other people or companies.
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