Sample Business Associate Agreement Policy and Procedure
[Option 1] in accordance with the minimum policies and procedures required of the subject entity. [The agreement could also provide that the business partner could transfer the protected medical information to another business partner of the company collected upon termination and/or add terms relating to a business partner`s obligations to receive or ensure the destruction of protected medical information created, received or maintained by subcontractors.] (g) [Optional] The business partner may provide data aggregation services related to the health services of the covered entity. Upon termination of this Agreement for any reason, the Business Partner shall return to the Covered Entity any Proprietary Health Information received from a Covered Entity or created, maintained or received by a Business Partner on behalf of the Covered Entity and which the Business Partner always retains in any form [or, if the Covered Entity agrees, destroy]. The business partner may not retain copies of protected health information. Contracts between business partners and subcontracting business partners are subject to the same requirements. (b) Termination for cause. The Business Partner authorizes the termination of this Agreement by the relevant Company if the Relevant Entity determines that the Business Partner has breached a material provision of the Agreement [and the Business Partner has not remedied or terminated the breach within the period specified by the Relevant Entity]. [Parentheses may be added if the company concerned wishes to give the business partner the opportunity to remedy a breach or breach of contract prior to termination for cause.] [Option 2 – if the Agreement authorizes the Business Partner to use or disclose protected health information for its own management and administration or to comply with its legal obligations, and the Business Partner is required to retain protected health information for these purposes after termination of the Agreement] Words or phrases in parentheses are intended either as optional language or as an indication for users of these model provisions. [Optional] The covered entity may not require business partners to use or disclose protected health information in a manner that would not be permitted under Subsection E of Part 164 of 45 CFR if it were carried out by a registered entity.
[Add an exception if the business partner uses or discloses protected health information, and the agreement includes provisions for aggregation or data management and management, as well as the business partner`s legal responsibilities.] This document contains model conditions for business partnership agreements that help the companies and business partners concerned to more easily meet the contractual requirements of trading partners. Although these model provisions were drafted for the purposes of the contract between an undertaking concerned and its business partner, the language may be adapted for the purposes of the contract between a business partner and a subcontractor. (f) [Optional] The Business Partner may disclose protected health information for the proper administration and administration of the Business Partner or for the performance of the Business Partner`s legal responsibilities, provided that the disclosures are required by law or the Business Partner obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and will not be used. or will continue to be used in this way. be disclosed as required by law or disclosed to the individual for the purpose for which it was intended, and the person shall notify the business partner of all cases of which the person is aware of the person in which the confidentiality of the information has been breached […].
- Posted by adriel
- On March 28, 2022
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