What Is a Business Associate Addendum

(h) to the extent that the counterparty is expected to comply with one or more of the obligations of the covered entity under Subsection E of Part 164 of 45 CFR, comply with the requirements of Subsection E that apply to the covered entity in the performance of that obligation or obligations; and (a) business partners. “Business Partner” generally has the same meaning as the term “Business Partner” in 45 CFR 160.103 and means in connection with the party to this Agreement [insert business partner`s name]. This is just an example of language, and the use of these sample provisions is not required to comply with HIPAA rules. The wording may be amended to more accurately reflect the commercial agreements between a covered entity and a trading partner or trading partner and a subcontractor. In addition, such provisions or similar provisions may be included in an agreement on the provision of services between a covered entity and a business partner or business partner and a subcontractor, or they may be incorporated into a separate business partnership agreement. These provisions apply only to the concepts and requirements set forth in the HIPAA Privacy, Security, Breach Reporting, and Enforcement Policies, and may not be sufficient to result in a binding contract under state law. They do not contain many formalities and substantive provisions that may be required or generally included in a valid contract. The use of this sample may not be sufficient to comply with state law and is not a substitute for consulting with a lawyer or negotiating between the parties. [Option 2 – if the Agreement authorizes the Business Partner to use or disclose Protected Health Information for its own management and administration or to comply with its legal obligations, and the Business Partner is required to retain the Protected Health Information for such purposes after termination of the Agreement] [Optional] The Covered Entity may not require business partners to use or disclose protected health information in a manner that would not be permitted under Subsection E of Part 164 of 45 CFR if it were doing so by a Covered Entity. [Include an exception if the business partner uses or discloses protected health information for data aggregation or management, administration and legal responsibilities of the business partner and the agreement contains provisions.] From award-winning HIPAA training to contracts and agreements, we can meet your needs so your business is protected. (g) [Optional] The counterparty may provide data aggregation services related to the health care transactions of the covered entity.


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