Business Associate Agreement
The
Business Associate Agreement is a requirement of HIPAA’s
Privacy Final Rule under the Standards for Privacy of Individually Identifiable
Health Information (the “Privacy Regulation”) published by the U.S. Department
of Health and Human Services (“HHS”) at 45 C.F.R. parts 160 and 164 under the
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
A
business associate relationship exists when an individual or entity, acting on
behalf of the covered entity (i.e. health care provider), assists in performing
a function involving the use or disclosure of protected health information
(PHI) subject to HIPAA regulations. Such functions include: claims processing or administration;
data analysis, processing or administration; utilization review; quality
assurance; billing; benefit management; practice management and re-pricing.
The
law requires that every Covered Entity enter into a Business Associate
Agreement with organizations receiving Protected Health Information (PHI) in
order to perform a service on the entity’s behalf. A business associate agreement must obtain a
commitment from business associates to meet the following requirements:
- Not use or disclose PHI other than as permitted by the agreement
or required by law
- Use appropriate safeguards to protect the confidentiality of the
information
- Report to the covered entity any use or disclosure not permitted
by the agreement
- Ensure agreement by any agents or subcontractors to the same
restrictions and conditions as the business associate
- Make available to the covered entity the information as necessary
for it to comply with the patients' rights to access, amend and receive an
accounting of disclosures of their PHI
- Make available to the Secretary of the Department of Health and
Human Services (DHHS) the business associate's internal practices, books
and records relating to the use and disclosure of PHI
- Return or destroy the information once the contract is terminated,
if feasible
Quantum Health Automation (QHA) meets the
definition of a Covered Entity and Business Associate, and therefore must enter
into a Business Associate Agreement with our customers.
Over the past ten years, QHA
has grown to support approximately 2,000 health care providers, billing centers,
chiropractors, physical therapists, MRI facilities, etc. We have consistently strived to offer the
best possible services and products, at the most affordable prices. Therefore, it is important QHA control the
cost to facilitate the Business Associate Agreement Process on your behalf. The service is at no additional cost and
eliminates the need of QHA to deem thousands of contracts from our customers
compliant.
Enclosed you will find a
Business Associate Agreement for you to sign and return via fax or mail by the
Thank you.