d) Survival. The counterparty`s obligations under this section also apply after the end of this agreement. HIPAA requires insured entities to cooperate only with trading partners that guarantee full protection of the PHI. These guarantees must be written in the form of a contract or other agreement between the insured company and the BA.1 affiliate company (a) [optional] to inform the counterparty of any restrictions in the notice on the data protection practices of the company insured pursuant to 45 CFR 164.520, as this restriction may affect the use or disclosure of health information protected by counterparties. [Option 2 – Reference to an underlying service agreement, z.B.” “as necessary to provide the services defined in the service agreement.”] Counterparties` functions and activities include: processing or managing receivables; Data analysis, processing or management Checking usage Quality assurance Settlement of accounts Benefit management Practice management and reassessment. The services provided by trading partners are: legal; actuarial; Accounting; The council data aggregation Administration From an administrative point of view Accreditation and financially. See the definition of “Business Associate” at 45 CFR 160.103. I`ve been doing your free business associate for a few years. Do you have an updated version that meets the requirements of 23.09.13? Members of APA`s Div 42 (Independent Practice) are trying to find an updated economic/free template and I will pass on your name if you have one. (e) [Optional] Counterparties may use protected health information for the proper management and management of the counterparty or to discharge the legal responsibilities of the counterparty.
The final rule also adds a new obligation for counterparties in relation to their subcontractors who “reflect” the obligations that covered companies have for counterparties. If a lead trading partner is aware that its subcontractor is not in compliance with its counterparty agreement, the principal counterparty is required to take appropriate measures to remedy the injury or to terminate the injury. If such measures do not succeed, the main partner must terminate the agreement if possible. Contractors who work exclusively for your business, individuals with other customers, and employees hired through a company are not business partners. However, your company is liable if one of these people violates the PHI. [Optional] The covered entity cannot ask the counterparty to use or disclose protected health information in a manner that would not be authorized under Part E of 45 CFR Part 164 if this is done by an insured company. [include an exception if the counterparty uses or discloses protected health information and the agreement contains provisions relating to data aggregation, management and management, as well as the legal responsibilities of the counterparty.] A colleague recently spoke about a group of doctors who were fined $500,000. The fine was not the result of fraud, improperly filed or misbehaviour, as might be expected. Instead, the group of doctors simply failed to have business contracts.
Subcontractors. The final rule allows a counterparty to disclose protected health information (PHI) to a counterparty that is a subcontractor as long as the counterparty enters into a counterparty agreement with its subcontractor.