What is Business Associate Agreement Drafting?
A business associate agreement is a legal contract that protects Protected Health Information (PHI) and is required under the Health Insurance Portability and Accountability Act (HIPAA).
It is signed between an entity, such as a clinic or hospital, and a business associate, such as a third-party vendor or other entity that handles patient data.
This agreement protects data and prevents the healthcare provider from being fined if they don’t have a business associate agreement in place.
Read the rest of this article for key terms to include in a business associate agreement, how to draft it, and why it’s important to hire a qualified lawyer for assistance.
What are Key Terms to Include in a Business Associate Agreement?
A business associate agreement should contain important information, such as the following:
- Scope. The agreement should specify exactly how the vendor can use or share patient data.
- Safeguards. The vendor must ensure they make use of strong security measures to protect data.
- Breach reporting. If there are data breaches, the vendor must report it promptly to resolve them.
- Subcontractors. Should the vendor work with other third parties, the agreement must explain how they can follow guidelines, such as protecting sensitive information.
- Data return. After contract termination, data might need to be returned or destroyed. The agreement should specify how to handle data safely.
- Termination. The healthcare provider can end the contract in certain conditions that must be outlined, such as if the vendor doesn’t protect the data properly.
What are Tips for Drafting a Business Associate Agreement?
If you need to draft a business associate agreement, there are important things to consider and include so that your contract is comprehensive and clear.
Detail Security Notifications
The agreement must include specific reporting obligations if there are security breaches involving the protected data. Explain a timeline for providing notice, such as within a specific number of hours or days.
You should also include information that must be included in the report, such as what happened during the breach and what data was involved.
Explain the Data Uses
Make sure you define permitted uses for the health information, including limitations so that there’s no ambiguity. If other uses are required which aren’t specified in the business associate agreement, you should state that the healthcare organization will have to give written consent for them.
Include Safeguards
To protect data properly, you should specify what measures will be used, such as encryption, audit logs, and more. This will help parties to prevent health data misuse or loss.
Ensure Subcontractor Compliance
Your business associate agreement should mention standards that subcontractors included in the working arrangement must follow. Since they will be accessing patients’ health data, they will also have to accept the relevant confidentiality measures.
Include Healthcare Entity Rights
The healthcare organization in the agreement must have rights to review and audit the associate’s practices regarding data protection. These processes should be conducted regularly so that all provisions are met.
Comply with Relevant Laws
The business associate agreement must be aligned with all data protection and privacy laws to be legally valid and enforceable. A lawyer can assist you with ensuring legal compliance.
Review Your Business Associate Agreement
To monitor compliance, your contract should be reviewed annually. This is especially important to do if there have been law or regulation changes. You can ask a lawyer to review your business associate agreement.
How Does a Lawyer Help You with Business Associate Agreement Drafting?
You might want to consider hiring a reputable lawyer to help you draft a business associate agreement to ensure that all its terms are clear, specific, and legally enforceable. It’s easy to miss important information if you don’t have a strong legal background.
A lawyer will help you by:
- Identifying the parties and their roles so that it’s easy to determine what’s expected of them.
- Establishing permitted uses and how data can be accessed, stored, and processed.
- Strengthening data protection duties, such as by including appropriate requirements for privacy and safeguarding against unauthorized use.
- Allocating breach responsibilities and procedures. This ensures breaches will be identified and reported promptly.
- Addressing compliance. A lawyer is skilled at knowing how to comply with all relevant security and privacy laws.
- Reviewing your business associate agreement if you’ve drafted it so that they can check for any errors and make revisions to strengthen it.
Where to Find a Lawyer for Business Associate Agreement Drafting
If you want to hire a qualified lawyer to draft your business associate agreement, online legal platforms make finding a reputable lawyer a simple process.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a curated network of vetted lawyers. All lawyers on the platform have years of experience in contract drafting and review.
To request that a lawyer drafts your business associate agreement, here are the easy steps to follow:
- Go to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer.
- Receive multiple bids from qualified lawyers directly on the platform.
- Review the lawyers’ profiles. Examine lawyer data, such as their client ratings for previous projects, expertise, and credentials. All information is conveniently provided by the platform.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your business associate agreement for a flat fee. You can also hire a lawyer to review your agreement.
