[ Wednesday, December 18, 2002 ]
Don't like the HHS model business associate agreement? I sure don't. I think it's way overdone, and I don't think it was necessary for HHS to draft a model agreement; the provisions required are pretty simple and can be drafted very easily.
If you don't like the HHS version, JCAHO now has a version. I haven't looked at it yet, but here's the report from ELI that told me about it:
(HIPAA Wire) The Joint Commission on Accreditation of Healthcare Organizations has released its business associate agreement model on its Website.
The agreement is intended for use by all accredited organizations, and has been drafted to meet the following requirements: "information required by the business associate to perform its function for the covered entity; what the permitted uses of the information will be by the business associate; the agreement to not disclose the information other than as permitted by the agreement; assurance of appropriate safeguards to prevent the misuse of information; report to the covered entity any use or disclosure not provided for in the agreement; authorizes termination of the contract if the business associate has violated its terms; and allows access by the Secretary of the Department of Health and Human Services to validate the covered entities compliance with the regulation."
The model BA agreement can be viewed here
Jeff [5:01 PM]
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