From award-winning HIPAA training to contracts and agreements, we can meet your needs so you can protect your business. Business partners must also comply with other federal and state data protection laws, which are stricter than HIPAA. A lawyer can discuss the laws in force and the compliance obligations that flow from them. [ii] U.S. Department of Health & Human Services (HHS.gov, Health Information Privacy). Available under www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/ccdh/index.html A public health attorney may confirm that the applicable company is a „business partner“ in accordance with 45 CFR §160.103. For example, companies that are only channels for PHI are generally not considered business partners. However, data storage providers that manage PHI and have the encryption key are generally considered counterparties. A HIPC Counterparty Agreement (BAA) is a written contract detailing both the responsibilities of the covered entity and the counterparty with respect to confidential and personally identifiable health information – and is legally different from a confidentiality agreement. Some covered companies require a counterparty to send written confirmation that all copies of PHI provided by the covered unit to the counterparty have been destroyed. A lawyer may add this condition if requested by a covered organization. It is in the interest of both the covered company and the counterparty to avoid a HIPAA violation, the consequences of which can cripple your business. 2.
A counterparty may only allow a counterparty that is a subcontractor to produce, receive, maintain or transmit health-related information on its electronic behalf if the counterparty receives satisfactory assurances under Section 164.314 (a) that the subcontractor adequately protects the information“ Compliance with the rules described under the HIPC is required by law when your business, through person (g) [Optional] Counterparties may provide data aggregation services related to the company`s health services collected. . . .