The most comprehensive source of information around HIPAA is the HHS website. However, because HHS cannot cover all possible relationships between a registered entity and a counterparty, some of them can be difficult to follow and open to interpretation. For specific advice regarding certain circumstances, it is recommended that you seek professional HIPAA compliance assistance. (d) survival. The counterparty`s obligations under this Section shall apply even after the termination of this Agreement. `[A] natural or legal person, with the exception of a member of the staff of a registered undertaking, performing functions or activities on behalf of an undertaking concerned or providing certain services for which the counterparty has access to protected health information. A [BA] is also a subcontractor who creates, receives, maintains or transmits protected health information on behalf of another [BA]`. HIPAA rules allow affected companies, third parties, or other persons or companies (known as business partners) to disclose protected health information (PHI) in order to help the affected company perform its health functions. (d) in accordance with 45 CFR 164.502 (1) (ii) and 164.308(b) (2), where applicable, ensure that all subcontractors who establish, receive, receive or transmit protected health information on behalf of the counterparty accept the same restrictions, conditions and requirements applicable to the counterparty with respect to such information; Compliance with the rules established under the HIPC is mandatory if your company owns the personal health data of individuals and is trying to expand the activity to external employees. Please visit the U.S. Department of Health and Human Service website for more information on how HIPAA defines the companies and business partners covered.
Since 1996, the Health Insurance Portability and Accountability Act (PPTE) has required thousands of U.S. companies to enter into counterparty agreements. Contractors who work exclusively for your company, people with other customers and employees hired through a company are not business partners. However, your company is liable if any of these people contravene PHI. Once covered companies, counterparties and counterparty subcontractors have identified their mutual relationships, it is necessary to ensure that third parties protect the PHI they receive. A signed agreement certifies that the BA knows that it must manage PHI safely. Some of them have adopted a “Better Safe than-Sorry” approach to address their definition problems and have entered into agreements with all the companies with which they have business relationships, whether they were necessary or not. Recent studies funded by the California Healthcare Foundation have shown that many companies have unnecessarily refused deals with other covered companies and are also entering into deals with providers who didn`t have access to PHI and probably would never.. . . .