Some covered companies have taken a “safer than sad” approach to addressing their definitional problems, and have entered into agreements with all the companies with which they have business relationships, whether necessary or not. Recent studies funded by the California Healthcare Foundation have shown that many companies unnecessarily enter into agreements with other covered companies and also enter into agreements with suppliers who did not have access to the PHI and would probably never do so. In one case, a covered company asked its landscaper to sign a HIPAA business partnership agreement. Therefore, whenever a covered business or counterparty enters into contracts with another party to provide services involving the exchange of PHI, the parties should carefully analyze the agreement to determine whether a counterparty agreement is necessary. There are a few exceptions to the requirement to sign a counterparty agreement. These include specialists to whom a hospital refers a patient and transmits the patient`s medical card for treatment, laboratories to which a physician discloses a patient`s PPH for treatment, and the disclosure of PHI to a health plan sponsor, such as an employer, through a collective health plan. Instead, ask them to sign a confidentiality agreement. We include these points in the confidentiality agreements we offer to our clients: the HHS Office for Civil Rights has imposed numerous fines for contractual errors by trading partners. In investigations into data protection and complaint violations, the OCR found that the following covered companies had not received at least one PROVIDER from a HIPAA-signed BAA. This was either the sole reason for the fine or the additional injury contributed to the heaviness of the fine. Become HIPAA CompliantAttract new customers and grow your business.
(a) Business partners can only use or disclose protected health information for individuals and organizations involved in health professions, here is a short story article written by Julie L. Hamlet and Ray H. Littleton of our Heath Care Law Group on Business Associate Agreements and the need to consult your lawyer for review to avoid any consequences. Failure to enter into HIPAA-compliant counterparty agreements if necessary can result in heavy penalties for covered companies and counterparties. d) Survival. The counterparty`s obligations under this section also apply after the end of this agreement.