Finally, failure to meet the requirements of an agreement by a partner/subcontractor could have a significant impact: contractors who work exclusively for your company, individuals with other customers and employees hired through a company are not business partners. However, your company is liable if one of these people violates the PHI. In addition to the provisions required by HIPAA, some may include additional safeguards. For example, a covered business may include a compensation clause for the protection of the self-supply agency when a counterparty is in a security breach with the hia of the affected entity. To comply with HIPAA, a counterparty agreement must include a description of the uses and declarations of PHI authorized and required by the counterparty. The counterparty agreement must also require, among other things, that the counterparty: (d) Survival. The counterparty`s obligations under this section also apply after the end of this agreement. [Option 2 – where the agreement authorizes the counterparty to use or disclose protected health information for its own management and administration, or to exercise its legal obligations, and the counterparty must retain protected health information for such purposes after the termination of the contract] (a) Counterparties may only use or disclose protected health information The definition of a consideration is fairly simple. According to the Ministry of Health and Human Services, a consideration is: d) in accordance with the 45 CFR 164.502 (e) (1) (ii) and 164.308 (b) (2), a counterparty assures: all subcontractors who produce, receive, maintain or transmit protected health information on behalf of the counterparty accept the same restrictions, conditions and requirements that apply to the counterparty with respect to this information; b) Dismissal for cause. The consideration authorizes the termination of the agreement by a covered entity if the covered entity finds that a counterparty has violated an essential clause of the agreement [and that the counterparty has not cured or terminated the breach within the time allowed by the covered unit]. [Bracketed`s language may be added if the covered company wishes to give the counterparty the opportunity to remedy a violation or violation prior to dismissal on cause.] (g) [optional] Counterparties may provide data aggregation services related to the health activities of the covered company. [Optional] The covered entity cannot ask the counterparty to use or disclose protected health information in a manner that would not be authorized under Part E of 45 CFR Part 164 if this is done by an insured company.
[include an exception if the counterparty uses or discloses protected health information and the agreement contains provisions relating to data aggregation, management and management, as well as the legal responsibilities of the counterparty.] The companies concerned and counterparties may be sanctioned if they do not enter into a counterparty agreement if necessary, and the penalties can be severe.