24 Jun 2025
Know the Rules. HIPAA Business Associate Agreement Playbook
The HIPAA Rules generally require that Covered Entities and Business Associates enter into a Business Associates Agreement (BAA) with their Business Associates to ensure that the Business Associates appropriately safeguard protected health information (PHI). This playbook provides guidelines and drafting tips for commonly negotiated provisions in BAAs between a "Covered Entity" (e.g., an employer-sponsored health plan, a health insurance company, a healthcare clearinghouses, healthcare providers, hospitals, physicians, pharmacies, nursing homes, etc.) that are subject to the Health Insurance Portability and Accountability Act (HIPAA), and a third-party service provider that will handle PHI on behalf of the Covered Entity (a "Business Associate").
Related Content
- HIPAA Business Associate Agreement
Apply this template covering the specific business associate agreement requirements under HIPAA's Security and Privacy Rules (see 45 C.F.R. §§ 164.314(a) and 164.504(e)), as amended by Health Information Technology for Economic and Clinical Health Act (HITECH).
- HIPAA Business Associate Subcontractor Agreement
Use this template/agreement for business associate subcontractors if you handle a covered entity’s protected health information (PHI). It applies to a service provider to an entity covered by HIPAA and a subcontractor of the service provider. This template includes practical guidance, drafting notes, and alternate and optional clauses.
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