Business Associate Agreement India
NOW THEREFORE, in light of these premises and the mutual commitments and agreements outlined below, the designated entity and counterparty agree that the entity concerned has retained business associate to provide specific services for or on behalf of the insured unit, described and defined in one or more separate agreements for services between the parties, order forms and/or work declarations (a «service agreement») package, and counterparties may, in conjunction with these services, use or disclose certain individual health information that is protected in accordance with HIPAA`s data protection and security rules; and 5.3 effect of termination. Unless otherwise stated, the contracting parties agree that at the end of this BAA, Business Associate will return to the covered unit for any reason or, if agreed by Covered Entity, destroy allPHIps received by the insured unit or created, managed or received by Business Associate on behalf of the insured entity. In the event that Business Associate reasonably believes that the return or destruction of the PHI is not possible, Business Associate Covered Entity will inform of conditions that do not permit return or destruction. By mutual agreement between the parties, Business Associate may retain the PHI and will continue to extend to the use and/or disclosure of PPH by Business Associate all safeguards, restrictions and restrictions contained in this ACCORD, provided that Business Associate has such a PHI. The BAA defers the legal risk of the insured unit to the counterparty. A company that signs the BAA and is not a «business associate» remains subject to contractual liability, disclosure restrictions, compliance fees and penalties for non-compliance – risks that can be discussed with a lawyer. Some covered companies require counterparties to send written confirmation that all copies of PHI delivered by the covered entity to companies destroyed by counterparties have been destroyed. A lawyer may add this condition if desired by a covered unit. This form applies only to the agreement between a counterparty and an insured company. Counterparties must enter into separate BAAs with their subcontractors. A lawyer may modify this form to meet the subcontractor`s BAA requirements or design a separate BAA subcontractor.
CONSIDERANT that the contracting parties wish to define the conditions under which business associate may use or disclose PHI, so that the covered unit can comply with applicable data protection and hipaa security requirements and the HITECH requirements applicable to counterparties. This agreement may be linked to a service contract as a stand-alone agreement between the parties or as an object of exposure. 3.7 Other counterparties. Covered Entity is committed to being solely responsible for the compliance of all contractual relationships it has with other business partners with HIPAA privacy and security rules. A document clearly stating the conditions, roles and responsibilities has become a necessity for each company. Most companies that adapt require alliances or business partners or require alternative resources or new technologies, that is, they must be incorporated into a legal contract or undertaking document clear enough to be understood by an ordinary prudent person and at the same time sufficiently detailed that it is not deliberately misinterpreted, and that these documents are an integral part of a party when the contractual terms are blocked by a party for commercial dispute resolution purposes.