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The HIPAA privacy rule requires all affected parties to sign a Business Associate Agreement (BAA) with each Business Associate (BA) they employ who is permitted to communicate with PHI. The HIPAA omnibus rule changed the way BAs and business-related subcontractors (BASs) can be prosecuted for potential HIPAA violations. Therefore, it is in the interest of the affected parties and BAs to understand their relationship and how they expect each other to protect patient, customer or employee data. But lets face it, running a business without outside help is difficult, if not impossible. Hiring outside help when extra hands are needed or special needs often make good business sense. This week we discuss BA and BAS requirements and the specifics of a Business Partnership Agreement (BAA). Before we dive into the details of supplier classification, take a look at this infographic to understand the differences between affected entities, business partners, and business-related subcontractors. A business partner agreement or counterparty agreement is a written agreement that sets out the responsibilities of each party with respect to PHI. HIPAA requires that affected companies only work with business partners that fully cover PHI. These representations must be in the form of a written contract or other agreement between the affected party and BA.1 HHS may audit BA and subcontractors for HIPAA compliance, not just affected parties. This means that companies at all three levels must have a Business Associate Agreement (BAA) in order to meet HIPAA requirements. It is in your best interest to reach an agreement as all three classifications are responsible for protecting PHI. The Business PartnerSubcontractor Agreement must include the following information per HHS: Describe the PHI permitted and required by the Business PartnerSubcontractor. Ensure that the business partnersubcontractor only uses or discloses the PHI as the agreement allows or requires. or by law; require the business partnersubcontractor to take appropriate safeguards to prevent misuse or disclosure of PHI. If affected parties, business partners and subcontractors of business partners determine a mutual relationship, ensure that all third-party PHI. The signed agreement documents that BA knows it must handle PHI securely. Who are your business partners? You must be able to identify your personnel classification before knowing what HIPAA requires. As defined in the Health Information Portability and Accounts Act (HIPAA), a business partner is any entity or individual that does business with, or provides services to, an insured party that generates, maintains, or discloses protected health information (PHI).2 Potential Bus .The HIPAA privacy rule requires all affected parties to sign a Business Associate Agreement (BAA) with each business associate (BA) they employ who may have contact with PHI. The HIPAA Consolidated Rule has changed the way Business Partners and Business Partner Subcontractors (BAS) are held liable for potential HIPAA violations. Thus, it is in the interests of the data subject and BA to fully understand their relationship and how they expect each other to protect patient, customer or employee data. But lets face it, running a business unaided is hard, if not impossible. Hiring outside help when you need extra hands or have special needs often makes business sense. This week we will discuss the requirements of BA and BAS, as well as the specifics of the Business Associate Agreement (BAA). Before we dive into the details of vendor classification, take a look at this infographic to understand the differences between affected organizations, business partners, and business partner subcontractors. A Business Associate Agreement or Business Associate Agreement is a written agreement that sets out each partys responsibilities with respect to PHI. HIPAA requires covered insurance companies to work only with business partners who provide full PHI coverage. These assurances must be in writing in the form of a contract or other agreement between the affected party and BA.1 HHS may audit BA and subcontractors for HIPAA compliance, not just affected parties. This means that companies at all three levels must have a Business Associate Agreement (BAA) in order to be HIPAA compliant. It is in your best interest to reach an agreement since all three classifications are responsible for protecting PHI. The business partnersubcontractor agreement must include the following information in accordance with HHS: Describe the PHI permitted and required by the business partnersubcontractor. Ensure that the business partnersubcontractor uses or discloses PHI only as authorized or required by contract or as required by law; Require the business partnersubcontractor to take appropriate security measures to prevent misuse or disclosure of PHI. The signed agreement confirms that the BA knows that it must process PHI securely. Who are your business partners? You must be able to determine your personnel classification before knowing what HIPAA requires. As defined in the Health Information Transfer and Accounting Act (HIPAA), a business partner is any organization or individual that works with or provides services to an Insured Party that creates, stores, or discloses protected health information (PHI).2 Potential Bus

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