Part B Insider - 2013 Issue 5
HIPAA: Fool-Proof Your BA Contracts As They Go Under Scrutiny
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Article Overview
This article is aimed at HIPAA compliance, privacy, and legal audiences responsible for drafting or reviewing business associate agreements. It discusses how increased enforcement and business associate responsibilities affect agreement language, with broad coverage of privacy, security, safeguards, disclosures, breach notification, and oversight considerations.
Why This Topic Matters
Business associate agreements are a central administrative control for HIPAA compliance, and changes in enforcement expectations can expose covered entities and business associates to risk if contract language is outdated. The article helps readers understand the scope of agreement provisions that should be reviewed when privacy and breach-response obligations are under scrutiny.
Article Sections
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Take Responsibility for Your BA
Explains the shift in compliance responsibility between covered entities and business associates under HIPAA-related legislation. It also discusses the need for oversight and monitoring of business associate obligations.
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Protect Yourself by Establishing a Better BAA
Reviews categories of contract provisions that are commonly included in stronger business associate agreements. The section covers privacy, security, safeguards, disclosures, access, and breach-response topics at a high level.
What You Will Learn
- Why business associate agreements warrant renewed review under current HIPAA enforcement conditions
- How business associate responsibilities relate to covered entity oversight
- Which broad categories of privacy, security, and breach-related provisions are commonly addressed in BAAs
- Why legal review is recommended when creating or updating a BAA
Who Should Read This
- HIPAA compliance officers
- Healthcare privacy officers
- Medical practice administrators
- Healthcare attorneys
- Contract and risk management staff
- Business associates
- Covered entities
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