Business Associate Agreement Mutual Indemnification

To the extent that a works council wrongly identifies a service provider as a channel where a BA agreement should have been concluded, the company is liable for non-compliance. But even if a provider is really a channel, the CE is only sure how reliable its service provider is. From a counterparty point of view, navigation through indemnification clauses is a challenge. Before approving compensation, a counterparty must ask its own liability insurance organization if it can do so or if consent to compensation would have a negative effect on coverage. Some policies exclude coverage of liability that has been assumed under exemption clauses. Before entering a BAA, it is important to confirm that a HIPAA counterpart relationship actually exists and that the BAA is actually needed. Otherwise, the parties assume unnecessary and unwanted liability. Health lawyers are sometimes able to help structure relationships to avoid linking BAA requirements. A provision relating to the termination of the contract is also important. In short, it protects one party if the other seriously violates the agreement. “If a party has a violation,” Apgar explains, “you might want to give them a few days to find out, but if the offense persists, you want to have the option to terminate the contract.” The art of the BA deal “They`re ubiquitous,” Kelly Hagan says of ba deals.

As a lawyer at Schwabe, who, like Christiansen, has specialized in health since his proverbial beginnings, Hagan spends more time than he would like to admit navigating BA deals. Similarly, `counterparty` means a person who, on behalf of a covered undertaking, creates, receives, maintains, maintains or transfers, on behalf of a covered undertaking, functions or activities such as claims processing or management, data analysis, data processing or management, usage control, quality assurance, certain patient safety activities, billing, performance management, practice management and repricing; or (b) provides legal, actuarial, accounting, advisory, data aggregation, management, administrative, accreditation or financing services for or for such a covered business, where the provision of the service involves the disclosure of PHI. Similarly, Apgar recently had a salesperson who refused to sign an agreement. A popular online screen sharing and conferencing app is promoting its HIPAA compliance measures online, but will not enter into a BA deal. For Apgar, it was a breeze: “I went back to my customer and said they had to find another supplier.” As described above, BAAs are entered between HIPAA covered entities and HIPAA business partners. They are also seized between HIPAA counterparties and their subcontractors (who are also CONSULTANTSHIPAA counterparties under HIPAA rules). Although tripartite agreements are not necessary under the rules, covered companies sometimes require subcontractors of their counterparties to enter into tripartite agreements in order to create a contractual nature between the covered enterprise, the counterparty and the counterparty`s subcontractor. .

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