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Ounce of Prevention: Do You Have Business Associate Agreements With Every Required Party?

By William Clayton Landa & Allyson M. Maur on May 14, 2024
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Link to Applicable Provider Types: All Applicable Provider Types: All

Is Your Entity in Compliance?

The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009 (HIPAA) requires Covered Entities (CEs), Business Associates (BAs) and Business Associate subcontractors to enter into written agreements governing each party’s rights and obligations with respect to the privacy and security of patient Protected Health Information (PHI). Most healthcare providers will qualify as a CE. CEs must obtain “adequate written assurances” from their BAs that the PHI will only be used or disclosed as permitted by law and as instructed by the CE, and BAs must impose these obligations and limitations on their subcontractors. These written assurances typically take the form of a Business Associate Agreement (BAA).

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Photo of William Clayton Landa William Clayton Landa

Clay’s practice focuses on assisting national hospital chains, nursing homes, community hospitals, ambulatory surgery centers, private physician practices, solo practitioners, pharmacies, mental healthcare provider, dental providers and laboratories with their corporate, transactional, and regulatory compliance matters.

Read more about William Clayton LandaEmail
Photo of Allyson M. Maur Allyson M. Maur

Allyson advises on regulatory issues affecting diagnostics developers, biopharma manufacturers, and clinical laboratories, including CLIA/CLEP and FDA regulatory advice, MLR and MRC review of marketing and promotional materials, clinical studies, global data privacy issues, ethics & compliance, commercial contracting, commercial litigation and more.

Read more about Allyson M. MaurEmail
  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Password Protected
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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