(a) counterparties. “counterparty” generally has the same meaning as the term “counterpart” for 45 CFR 160.103 and means, with respect to the party in this agreement, the party to the agreement [insert the name of the consideration]. 5.1 Duration. This BAA will remain fully in force as long as a service agreement remains fully in force and remains effective. The duration of this AA comes into effect from the effective date and remains in effect, unless it is completed in accordance with Section 5.2. In addition, certain provisions and requirements of the BAA will survive the expiry or termination in accordance with Section 6.2. Counterparty agreements called BAAs are legally binding documents that describe PHI`s treatment between the covered entity and the counterparty and who is liable in the event of an infringement. This agreement is what can protect you and your business as a practitioner if a business partner is in violation. Today we will see who are trading partners, how they are different from a covered company, who needs a BAA and what happens if not on the spot. HIPAA allows business partners to obtain health information when such authority is issued within the BAA. This provision is an example of granting such powers.
Most of the companies surveyed do not allow counterparties to use unidentified data for commercial purposes, or they wish to have access to searches with unidentified data. Consider discussing alternatives with a lawyer who can review the provision. Counterparty agreements are the cornerstone of HIPAA-compliant supplier relationships. An important part of responsible supplier and contract management is to update and update your documents. On the HIPAAtrek platform, you can create, negotiate and sign your BAAs. With HIPAAtrek, you can rest assured that you haven`t missed any steps. Contact us to find out more. Sometimes a business partner has its own BAA. Which one should you use your or theirs? HIPAA is silent about this.
Nevertheless, it is typical of the recruitment organization to dictate the terms of an agreement. You`d be z.B. Use your BAA with your business partner, and the business partner will use its BAA with its subcontractors. However, you never enter a BAA with your BA subcontractors! A colleague recently spoke about a group of doctors who were fined $500,000. The fine was not the result of fraud, improperly filed or misbehaviour, as might be expected.