Cms Business Associate Agreement


    This document contains examples of counterparty agreements that make it easier for companies and covered counterparties to meet counterparty contract requirements. While these examples of provisions have been drafted for the purposes of the contract between a classified entity and its counterparty, the language may be adapted for the purposes of the contract between a counterparty and a subcontractor. o Make available to the Secretary its internal practices, books and records relating to the use and disclosure of protected health information obtained or obtained by the counterparty on behalf of the covered entity, in order to determine compliance with this subsection by the covered entity. General provision. The data protection rule requires that a covered entity receive satisfactory assurances from its counterparty that the counterparty adequately protects the protected health information it receives or produces on behalf of the covered entity. Satisfactory assurances must be made in writing, whether in the form of a contract or other agreement between the covered entity and the counterparty. (a) Counterparties may only use or disclose protected health information In accordance with the Health Insurance Portability and Accountability Act of 1996 and the Implementing Provisions (“HIPAA”), the companies and counterparties concerned are required to comply with the HIPC. A covered unit includes healthcare providers who transmit information electronically as part of a HIPC transaction, health plans and healthcare clearing houses. In particular, where a healthcare provider provides, invoices or receives payments for healthcare and transmits those transactions electronically, the provider is an enterprise covered by the HIPC.

    It is only an exemplary language and the use of these examples is not necessary to comply with hipC rules. The language may be changed to more accurately reflect the commercial agreements between a covered entity and a counterparty or counterparty and a subcontractor. In addition, those provisions, or other similar provisions, may be included in a service provision agreement between a covered enterprise and a counterparty or counterparty or subcontractor, or may be included in a separate counterparty agreement. . . .