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A BAA is a written and legal agreement outlining the responsibilities of the business associate and the covered entity when sharing and handling protected health information (PHI). A business associate is any organization or business handling PHI on behalf of a covered entity, which refers to individuals or organizations that must comply with the Health Insurance Portability and Accountability Act.
The Business Associate Agreement must specify the permitted uses of PHI per HIPAA standards, prohibit unauthorized disclosures, and put into writing the mandates for breach notification.
A signed BAA also holds the business associate and the covered entity accountable for any data breach involving PHI.
Why does having a signed BAA matter? For one, it is a legally binding contract that attests to both parties’ awareness, capability, and willingness to safeguard PHI as per HIPAA rules and regulations.
Although having a Business Associate Agreement is just one aspect of ensuring HIPAA compliance, it is crucial for mitigating the risks of data breaches and unauthorized access. Business associates will also do their best to ensure PHI safety since the law could hold them liable for any breaches or violations, leading to penalties and fines.
Covered entities such as health plans, healthcare providers, and healthcare clearinghouses must enter into a legal agreement with any vendor or organization before disclosing or allowing the latter access to PHI. Failure to establish a written and signed BAA could result in potential legal actions and significant financial penalties.
Here’s a general overview of the process:
Ultimately, creating a BAA for HIPAA compliance requires going into the specifics of how the PHI will be handled. Instead of drafting one from scratch, you can download a free HIPAA Business Associate Agreement PDF template to save time.
Ready-to-download free BAA templates for business associates and covered entities.
Create and sign BAA documents in an instant. Share them online by fax using a computer or phone.
Allow business associates access to PHI and collaborate seamlessly, free from any compliance worries.
Frequently Asked Questions
Only contractors handling protected health information (PHI) on behalf of a covered entity are required by HIPAA to provide a signed Business Associate Agreement.
Employees or staff (doctors and nurses included) of covered entities do not need to sign a BAA, as they are already considered a part of the healthcare institution’s workforce.
To create a Business Associate Agreement online, you must choose a secure, reliable, and HIPAA-compliant document creation platform with free BAA templates that you can customize to match your specific compliance requirements.
iFax is an excellent example. It not only helps you create BAA documents effortlessly but also allows you to fax them online together with other sensitive documents containing PHI. Our cloud platform also offers free BAA signing and can further safeguard confidential records with customizable HIPAA fax cover sheets, saving you money and time.
No. Two covered entities do not need to enter a business associate agreement when exchanging protected health information. A BAA is only necessary when a covered entity allows or shares PHI access with a third party, such as software system providers, EHR providers, or legal and claims processing services.
The best way to create and sign a Business Associate Agreement for HIPAA compliance is to do it online using a template. This way, you can save yourself the trouble of drafting the legal document from scratch. For this, you can use iFax, as our platform offers free downloadable, customizable, and printable BAA templates in addition to its complete lineup of HIPAA-compliant fax solutions.
Check out what iFax can do for your organization today. Contact our team of HIPAA experts to determine the best solution for your business.