Business Associate Agreement Clause

Posted on: September 13th, 2021 by designer No Comments

In the event of termination of this Agreement for any reason, the Counterparty shall, with respect to protected health information: that was obtained by the Covered Entity or created, maintained or received by a Counterparty on behalf of the Covered Entity: (d) in accordance with 45 CFR 164.502 (1) (ii) and 164.308(b)2), ensure, where appropriate, that all subcontractors obtain the protected health information on behalf of the counterparty; maintain or transmit, accept the same restrictions, conditions and requirements as apply to the counterparty with respect to such information; [Option 1 – if the counterparty must return or destroy all protected health information at the end of the contract] d) survive. The counterparty`s obligations under this Section shall apply even after the termination of this Agreement. [Optional] The entity concerned shall not require counterparties to use or disclose protected health information in a manner that would not be permitted by Subsection E of 45 CFR Part 164 if the covered unit did so. [Insert an exception if the counterparty uses or discloses protected health information for data aggregation or management, as well as the counterparty`s legal responsibilities and the agreement contains provisions relating to data aggregation or management.] If we consider the requirements of the BA agreement and the model document provided by HHS, we quickly see that compensation is not mentioned. However, many BA contracts contain indemnification clauses. What for? 11. Data accounting. The counterparty shall receive, within ten (10) working days of the covered entity`s notification to the counterparty, that it has received, during the six (6) years preceding the date on which the accounts were requested, a request for recognition of the information provided by PHI in respect of a person providing the covered enterprise with the information collected in accordance with Section 10 of this AA, to enable the covered company to respond to the request for the accounting of IHP information, to the extent expressly prescribed by 45 C.F.R. ยง 164.528. The counterparty agreement is an important element of HIPC-compliant supplier management. Effective supplier and contract management helps you reduce operating costs and risk, stay compliant, and build high-quality supplier relationships. (a) Counterparties may only use or disclose protected health information This document contains model rules for counterparty arrangements, in order to help companies and covered counterparties more easily meet the requirements for counterparty contracts.

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