Free HIPAA Business Associate Agreement Template 2018

A HIPAA Business Associate Agreement (BAA) is a legal document that outlines the responsibilities and obligations of a business associate when handling protected health information (PHI) on behalf of a covered entity. This agreement is crucial for ensuring the confidentiality, integrity, and availability of PHI.

Key Components of a HIPAA BAA

When creating a BAA, it’s essential to include the following elements:

Parties to the Agreement

Clearly identify the covered entity and the business associate involved in the agreement. This information should include the legal names, addresses, and contact details of both parties.

Scope of the Agreement

Define the specific activities or services that the business associate will perform on behalf of the covered entity and that involve the use or disclosure of PHI. This scope should be detailed and comprehensive to avoid any ambiguities.

Obligations of the Business Associate

Outline the specific obligations of the business associate in handling PHI. These obligations typically include:

Implementing appropriate administrative, technical, and physical safeguards to protect PHI.

Using PHI only as authorized by the covered entity.

Notifying the covered entity of any security breaches involving PHI.

Complying with HIPAA’s rules and regulations.

Obligations of the Covered Entity

Specify the obligations of the covered entity in relation to the BAA. These obligations may include:

Providing the business associate with necessary training and support.

Ensuring that the business associate has the appropriate safeguards in place.

Monitoring the business associate’s compliance with the BAA.

Term and Termination

Establish the duration of the BAA and the conditions under which either party may terminate the agreement. Consider including provisions for early termination due to material breaches or other significant events.

Confidentiality and Non-Disclosure

Address the confidentiality of PHI and any other proprietary information shared between the covered entity and the business associate. Require both parties to maintain the confidentiality of such information and prohibit its unauthorized disclosure.

Indemnification and Liability

Specify the indemnification obligations of each party in the event of a breach of the BAA or other legal claim arising from the handling of PHI. This may include provisions for the indemnification of damages, costs, and expenses.

Choice of Law and Dispute Resolution

Select the governing law that will apply to the BAA and specify the dispute resolution mechanism. This may include provisions for mediation, arbitration, or litigation.

Design Elements for a Professional BAA

To create a professional and trustworthy BAA, consider the following design elements:

Clear and Concise Language: Use plain language that is easy to understand, avoiding legal jargon or technical terms.

Consistent Formatting: Maintain consistent formatting throughout the document, including font, font size, spacing, and headings.

Professional Layout: Use a professional layout that is visually appealing and easy to read.

Professional Branding: Incorporate the branding elements of both the covered entity and the business associate, such as logos or colors.

Electronic Signature: Use electronic signatures to streamline the signing process and reduce the risk of fraud or forgery.

Additional Considerations

Review and Update Regularly: Review and update the BAA periodically to ensure that it remains compliant with current HIPAA regulations and reflects any changes in the relationship between the covered entity and the business associate.

Seek Legal Counsel: Consult with an attorney experienced in HIPAA compliance to ensure that the BAA is legally sound and protects the interests of both parties.

By carefully considering these components and design elements, you can create a professional and effective HIPAA BAA that safeguards PHI and protects your organization from legal risks.