„[A] a person or corporation that is not a member of the staff of a covered company, performs functions or activities on behalf of a covered company, or provides certain services that include consideration of protected health information. A [BA] is also a subcontractor that creates, receives, manages or transmits protected health information on behalf of another [BA].“ The most comprehensive source of information about HIPAA is the HHS website. However, since HHS cannot cover all possible relationships between a covered company and a counterparty, some of this information may be difficult to track and interpretable. For specific advice on specific circumstances, it is recommended to ask for professional hipaa compliance assistance. The Health Insurance Portability and Accountability Act of 1996 („HIPAA“) stipulates that covered companies must enter into contracts with their trading partners to ensure that counterparties properly protect protect protected health information („PHI“). Counterparties who mandate contractors for certain functions related to the PHI are also required to enter into co-partner contracts with their subcontractors. This article provides an overview of the rules for counterparty agreements. A business partner should also be drawn to the consequences of non-compliance with HIPAA requirements. The counterparties may be directly sanctioned by the authorities for the supervision of hip-hop offences. C. What are the provisions to be included in a matching agreement? HIPAA requires that a covered company enter into a HIPAA-compliant counterparty agreement with all counterparties.
In addition, all counterparties must enter into HIPAA-compliant counterparty contracts with subcontractors who perform certain functions and have access to the covered company`s PHI. [The agreement could also provide that the counterparty could, at the time of termination, pass on the protected health information to another counterparty of the insured company and/or add conditions relating to a counterparty`s obligations to receive or insure protected health information produced, received or managed by subcontractors.] For this reason, it is preferable for BAAs to include in the breach notification section of the agreement a language such as „as soon as the offence has been discovered or should have been discovered“. [option 2] subject to the following minimum requirements: [include specific minimum requirements in accordance with the minimum guidelines and procedures required by the covered company.] Many creditors and contractors who provide services to covered companies that contract protected health information are part of the definition of a consideration. Common business partners include billing companies, online health registry companies, accounting firms, law firms and cloud storage companies. Business partners do not include, among other things, health care providers with respect to information provided by an insured organization about the treatment of the person, for example, when. B`a hospital transfers a patient to a specialist and transmits the patient`s medical diagram for treatment, or when a physician sends protected health information from a patient to a laboratory because this information is made for the treatment of the individual.