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BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (Agreement) effective as of, 20 (Effective Date) is entered into by and between (Business Associate) and Prominence Healthiest of Texas,

How to fill out business associate agreement recitals

Who needs business associate agreement recitals?

1. Covered Entities: Covered entities, such as healthcare providers, health insurers, and healthcare clearinghouses, need business associate agreement (BAA) recitals when disclosing protected health information (PHI) to their business associates. These covered entities are obligated by the Health Insurance Portability and Accountability Act (HIPAA) to have BAAs in place with their business associates.
2. Business Associates: Business associates, which include vendors, contractors, and subcontractors who perform services on behalf of covered entities and have access to PHI, also require BAA recitals. Business associates must acknowledge their responsibilities and obligations related to the protection and privacy of PHI.

How to fill out business associate agreement recitals:

1. Identify the parties: Clearly state the names and contact information of the covered entity and the business associate at the beginning of the BAA recitals section. This ensures that the agreement is properly attributed to the appropriate parties.
2. Reference the main agreement: Specify the main agreement that the BAA recitals are a part of, such as a services contract or a partnership agreement. Indicate the effective date of the main agreement to establish the timeline for the BAA.
3. Define key terms: Provide definitions for terms used throughout the BAA recitals to avoid any ambiguity or confusion. Include definitions for terms like "covered entity," "business associate," "protected health information," and any other relevant terms specific to the agreement.
4. Recite the purpose: Clearly state the purpose of the BAA recitals, which is to outline the responsibilities and obligations of the parties regarding the protection, use, and disclosure of PHI in compliance with HIPAA regulations.
5. Outline obligations: Detail the specific obligations of the covered entity and the business associate concerning their roles in protecting PHI. This may involve implementing necessary security measures, conducting risk assessments, reporting breaches, providing HIPAA training, and more.
6. Address permissible uses and disclosures: Specify the permitted uses and disclosures of PHI by the business associate, clarifying that these actions must be in compliance with HIPAA regulations and the scope defined in the main agreement.
7. Indemnification and liability: Clearly state the indemnification and liability provisions, outlining each party's responsibilities in case of a breach, violation, or disagreement related to the BAA or PHI protection.
8. Termination and consequences: Outline the conditions for termination of the BAA and the consequences that may arise from such termination. Clarify how the parties will handle the retention and destruction of PHI upon termination or expiration of the agreement.
9. Governing law and jurisdiction: Specify the governing law and jurisdiction that will apply in case of any legal disputes or litigation. This helps establish the jurisdiction in which any legal actions related to the BAA recitals should be pursued.
10. Signatures and execution: Include signature blocks for authorized representatives of both the covered entity and the business associate, along with spaces for the date of execution. It is crucial that both parties sign the BAA recitals to indicate their agreement and commitment to comply with its terms.

Remember, while these points provide a general guideline on how to fill out business associate agreement recitals, it is essential to consult with legal professionals to ensure compliance with applicable laws and regulations.

For pdfFiller’s FAQs

What is business associate agreement recitals?

Business associate agreement recitals are the introductory statements in a business associate agreement that outline the key terms and conditions of the agreement.

Who is required to file business associate agreement recitals?

Covered entities and their business associates are required to file business associate agreement recitals.

How to fill out business associate agreement recitals?

Business associate agreement recitals can be filled out by following the template provided by the HIPAA Privacy Rule and including relevant information about the parties involved.

What is the purpose of business associate agreement recitals?

The purpose of business associate agreement recitals is to clearly define the roles and responsibilities of the covered entity and business associate in safeguarding protected health information.

What information must be reported on business associate agreement recitals?

Business associate agreement recitals must include details about the parties involved, the effective date of the agreement, the scope of services to be provided, and the obligations relating to protected health information.

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