Hipaa Contractor Agreement

There are many HIPAA counterparty agreement models, but one must be careful before they are used. Before using such a template, it is important to check for whom this template was designed to make sure it is relevant. It should also be customized to include all requirements defined by the covered entity. HIPAA requires covered entities to only collaborate with business partners who ensure full protection of PHI. These safeguards must take the form of a contract or other agreement between the covered entity and the BA.1 OCR investigation, which revealed that ACH never entered into a counterparty agreement with the person providing medical billing services for ACH, as required by HIPAA, and did not adopt a directive requiring counterparty agreements until April 2014. Although in service since 2005, ACH had not conducted a risk analysis prior to 2014 or implemented security measures or other written HIPAA guidelines or procedures[i]. `counterparty` means any natural or legal person who is not a member of the staff of a classified entity, who performs functions or activities on behalf of a classified entity or who provides the classified entity with certain services which involve the counterparty`s access to protected health information. A “business partner” is also a subcontractor who creates, receives, maintains or transmits protected health information on behalf of another counterparty. Typically, HIPC rules require companies and covered counterparties to enter into contracts with their counterparties to ensure that counterparties adequately protect protected health information. The counterparty agreement shall also aim to clarify and, where appropriate, limit the use and disclosure of health information protected by the counterparty on the basis of the relationship between the parties and the activities or services performed by the counterparty. A counterparty may only use or disclose protected health information if its counterparty agreement permits or requires it or if required by law. . .

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