![]() That means they have to be ready to comply with HIPAA. As such, they’re considered to be business associates. Since those people and organizations aren’t in your direct control, they can’t be treated as employees. Do Contractors Have to Sign a BAA?Īny contractor who will come in contact with any PHI will have to sign a BAA. This applies not only to your regular full-time hires, but also to trainees, temporary staff, volunteers, and anyone else in your direct control. As your agents, you’re responsible to train them in privacy and security. That said, they still fall under HIPAA laws. That’s because people who work for you are part of your organization and aren’t considered as business associates. Do Employees Have to Sign a BAA?ĭirect employees don’t have to sign a BAA. They failed to sign a BAA, and got hit with a $750,000 payment order from the OCR.īusiness associates are any organization or person that creates, transmits, receives, or maintains PHI on behalf of any covered entity, or on behalf of the business associate of a covered entity. For a vivid example, in a famous HIPAA case, a clinic hired a vendor to convert their X-Ray films to digital form, and reclaim the silver from the films. It’s anyone you contract out to who handles your Protected Health Information (PHI) for any reason. The definition of a business associate is pretty simple. If there’s no BAA or it’s incomplete, or if it gets violated, then both associates may find themselves in hot water with HIPAA and other FDA regulations. ![]() If one member violates a BAA, the other has legal recourse. They’re really the same thing.īAAs satisfy HIPAA regulations, and create a bond of liability that binds two parties. The HIPAA regulations call it a Business Associate Contract. What is a BAA?Ī BAA is a Business Associate Agreement. The guide below gives the basics of BAAs, including who needs them, when they’re required, what to put in one, and a HIPAA Business Associate Agreement Template (PDF) for 2017. A provider enters into a BAA with a contractor or other vendor when that vendor might receive access to Protected Health Information (PHI). In the most basic sense, a Business Associate Agreement or BAA is a legal document between a healthcare provider and a contractor.
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