It is also worth drawing the attention of a business partner to the consequences of non-compliance with HipAA requirements. Counterparties may be sanctioned directly by supervisory authorities for HIPC infringements. (a) counterparties. « counterparty » generally has the same meaning as the term « counterparty » in 45 CFR 160.103 and means in relation to the party to this Agreement [insert counterparty name]. [Optional] The entity concerned shall not require counterparties to use or disclose protected health information in a manner that would not be permitted by Subsection E of 45 CFR Part 164 if the covered unit did so. [Insert an exception if the counterparty uses or discloses protected health information for data aggregation or management, as well as the counterparty`s legal responsibilities and the agreement contains provisions relating to data aggregation or management.] But let`s be honest. It is difficult, if not impossible, to run a business without the help of third parties. Setting out external help if you need extra hands or have special needs is often useful for business. [In addition to other permitted purposes, the parties should indicate whether the counterparty has the right to use protected health information to identify the information referred to in CFR 164.514(a)-(c). The parties may also wish to indicate how the counterparty will anonymize the information and the uses and disclosures of anonymous information authorized by the counterparty.] It`s like a chain that follows the IHP from the very first link in the chain, the entity covered. The following link would be the business partner and all its subcontractors (including business partners) would be links that will follow.
Imagine subcontractors as business partners. The BAA follows the direct path of the chain. A covered entity is therefore not required to sign a BAA with the subcontractors of its business partners, but it is the business partner. This is just an exemplary language and the use of these examples is not necessary to comply with HIPAA rules. . . .