Unlike most contracts, a HIPAA counterparty agreement does not necessarily protect a covered company from financial penalties for violations of the PHI. When an insured company does not receive assurance that a counterparty is able to work in a HIPAA-compliant framework before entering into a contract and then violates the PHI, the covered entity may be considered responsible for the infringement. HIPAA allows business partners to obtain health information when such authority is issued within the BAA. This provision is an example of granting such powers. Most of the companies surveyed do not allow counterparties to use unidentified data for commercial purposes, or they wish to have access to searches with unidentified data. Consider discussing alternatives with a lawyer who can review the provision. At the end of the agreement, for whatever reason, the counterparty must, with regard to protected health information obtained by covered companies or which have been created, maintained or received by a counterparty on behalf of an insured company, (a) counterparties: (a) counterparties. “counterparty” generally has the same meaning as the term “counterpart” for 45 CFR 160.103 and means, with respect to the party in this agreement, the party to the agreement [insert the name of the consideration]. The HIPAA data protection rule sets national standards for protecting the privacy of health information that business partners and covered businesses must adhere to. It states that the companies concerned are not allowed to disclose or disclose health information to third parties without the person`s consent. [ii] U.S.
Department of Health – Human Services (HHS.gov, Health Information Privacy). Available at www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/ccdh/index.html Use our HIPAA business association agreement if your company has access to health information and asks a third party to process this information. NOW THEREFORE, based on these premises and the mutual commitments and agreements outlined below, subscribe below: Check out our Business Partner Agreement Model, which describes the terms of the partnership between Covered Entity, Inc. and Business Associate, LLC. Protect your patients and your business with our free business associates models or simplify the process with our online builder.