In the world of healthcare, a Business Associate Agreement (BAA) is a crucial document that outlines the responsibilities of a business associate, which is any entity that has access to protected health information (PHI) of patients. The BAA establishes the legal and regulatory requirements for a covered entity (such as a healthcare provider or health plan) to safeguard PHI.
The Department of Health and Human Services (HHS) has recently updated the BAA template for 2019 to better reflect changes in healthcare regulation and technology. The new template includes several important changes that healthcare providers and business associates should be aware of.
First, the updated template adds language that specifically addresses business associate breaches of PHI. If a business associate experiences a breach, the BAA requires them to notify the covered entity within a specific timeframe. Additionally, the BAA outlines the requirements for the business associate to investigate and mitigate the breach.
Another important update to the 2019 BAA template is the inclusion of provisions related to the Health Information Technology for Economic and Clinical Health (HITECH) Act. HITECH requires business associates to comply with the same HIPAA regulations as covered entities, and the new BAA template reflects this requirement.
The updated template also includes provisions related to the EU’s General Data Protection Regulation (GDPR). If a business associate processes personal data of EU residents, they must comply with GDPR requirements. The BAA outlines the requirements for the business associate to notify the covered entity of any GDPR breaches.
To ensure compliance with these updates, it’s important for healthcare providers and business associates to thoroughly review their existing BAAs and update them accordingly. Use of the 2019 BAA template is strongly recommended.
In conclusion, the updated Business Associate Agreement template for 2019 is an important tool for healthcare providers and business associates to ensure adherence to HIPAA and HITECH regulations, as well as GDPR. By being aware of the changes to the BAA template and updating their agreements accordingly, healthcare entities can protect patient privacy and avoid costly breaches.