HIPAA Business Associate Agreement
This HIPAA Business Associate Agreement (“Agreement”) is entered into on [Date] (the “Effective Date”) by and between [Your Name], a [healthcare organization] (“Covered Entity”), and [Business Associate's Name], a [technology company] (“Business Associate”). This Agreement governs the relationship between the Covered Entity and the Business Associate regarding the handling of Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations.
1. Purpose of the Agreement
The purpose of this Agreement is to ensure compliance with HIPAA regulations and to protect the confidentiality, integrity, and availability of PHI that the Business Associate may access, use, or disclose in connection with the services provided to the Covered Entity. Both parties acknowledge their respective responsibilities under HIPAA and agree to implement appropriate safeguards to prevent unauthorized use or disclosure of PHI.
2. Obligations of the Business Associate
The Business Associate consents to avoid using or revealing PHI unless otherwise sanctioned or needed by this contract or under the law. They also vow to employ suitable preventative measures and abide by Subpart C of 45 CFR Part 164 regarding electronic PHI, to inhibit the use, or disclosure of the PHI that's not stipulated by this agreement.
Business Associate agrees to:
Maintain the confidentiality of PHI and use it only as necessary to perform services for the Covered Entity.
Implement appropriate administrative, physical, and technical safeguards to protect the security of PHI.
Report any breaches of unsecured PHI to the Covered Entity without unreasonable delay.
3. Term and Termination
This Agreement shall become effective on the Effective Date and shall remain in effect until terminated by either party upon written notice to the other party. Upon termination of the Agreement, the Business Associate shall return or destroy all PHI received from the Covered Entity, or created, maintained, or received on behalf of the Covered Entity, by HIPAA requirements.
4. Miscellaneous Provision
Amendment: Any amendment to this Agreement must be made in writing and signed by both parties.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.
5. Confidentiality
Both parties agree to maintain the confidentiality of this Agreement and any PHI disclosed under this Agreement, except as required by law or with the written consent of the other party.
6. Governing Law
The Agreement that is stated shall be controlled and interpreted based on the laws that are governing in the jurisdiction of [State]. This is to be done without taking into consideration any principles that pertain to the conflict of laws that might arise.
7. Entire Agreement
This Agreement, including any attachments or exhibits, constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral, relating to such subject matter.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date first above written.
[YOUR NAME]
[DATE SIGNED]
[BUSINESS ASSOCIATE'S NAME]
[DATE SIGNED]
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