15 Apr Which Of The Following Statements About A Business Associate Agreement Is True
Even offshore organizations can be considered business partners if any of the information they receive, transfer or manage can potentially be used to identify a patient in the United States. The size and complexity of modern health care means that Protected Health Information (PHI) is found in more locations than in a hospital or medical practice; This data can be found in many companies: physical copies of medical records can be stored outside storage, data can be sent by mail or electronically to and from sites, financial information can be used by external billing companies, or patient information can be stored on a third-party-managed cloud server. Transitional provisions for existing contracts. Covered companies (excluding small health plans) that have entered into an existing contract (or other written agreement) with consideration prior to October 15, 2002 may continue to work under this contract beyond April 14, 2003 until an additional year, unless the contract is extended or amended before April 14, 2003. This transitional period applies only to written contracts or other written agreements. Oral contracts or other agreements are not eligible for the transitional period. As part of these contracts with their counterparts, covered companies that are entitled to enter into contracts may continue to work with their counterparties until April 14, 2004 or until the renewal or modification of the contract, depending on whether the date is earlier, whether or not the contract meets the existing contractual requirements of Rule 45 CFR 164.502 (e) and 164,504 (e). A covered company must also comply with the data protection rule, for example. B only provide authorized information to the counterparty and allow individuals to exercise their rights in accordance with the rule. See 45 CFR 164.532 (d) and (e). Matching contracts. The contract of a covered company or any other written agreement with its counterparty contains the elements covered in paragraph 45 CFR 164.504 (e). The contract must, for example.
B Describe the authorized and necessary use of health information protected by the counterparty; provide that the counterparty will not continue to use or disclose protected health information, with the exception of the contract or the law; and require the counterpart to adopt appropriate security measures to prevent the use or disclosure of protected health information that is not provided for by the contract.