Business Associate Agreement (Page 2 of 8) in pdf

Business Associate Contract

Effective as of the date set forth below (the “Effective Date”),

[Insert Broker company name]

and

[Insert

client

name], as plan administrator of the

[Insert name of client’s group health plan]

(the “Plan”)

hereby enter into this business associate contract (“BA Contract”) as set forth herein.

Definitions

Terms used, but not otherwise defined, in this Agreement shall have the same meaning given those

terms under HIPAA.

1.1

Agreement. “Agreement” means the administrative services agreement entered into between

Business Associate and Covered Entity pursuant to which Business Associate provides services

to the Plan.

1.2

Breach. “Breach” shall have the same meaning as the term “breach” in 45 CFR § 164.402.

1.3

Business Associate. "Business Associate" means

[Insert Name of Broker

Company].

1.4

Covered Entity. "Covered Entity" means

[Insert Name of health plan sponsored by

Client].

1.5

Electronic Protected Health Information. “Electronic Protected Health Information” shall have the

same meaning as the term “electronic protected health information” in 45 CFR § 160.103.

1.6

Electronic Transaction Rule. “Electronic Transaction Rule” means the final regulations issued by

HHS concerning standard transactions and code sets under 45 CFR Parts 160 and 162.

1.7

HHS. “HHS” means the United States Department of Health and Human Services.

1.8

HIPAA. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as

amended, and the accompanying regulations.

1.9

Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §

160.103 and shall include a person who qualifies as a personal representative in accordance with

45 CFR § 164.502(g).

1.10

Privacy Rule. "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health

Information at 45 CFR Part 160 and Part 164, Subparts A and E.

1.11

Protected Health Information. "Protected Health Information" shall have the same meaning as

the term "protected health information" in 45 CFR § 160.103, limited to the information created or

received by Business Associate from or on behalf of Covered Entity.

1.12

Required By Law. "Required By Law" shall have the same meaning as the term "required by law"

in 45 CFR § 164.103.

1.13

Secretary. "Secretary" means the Secretary of the Department of Health and Human Services or

his designee.

1.14

Security Rule. “Security Rule” means the Security Standards and Implementation Specifications

at 45 CFR §§ 164.306, 164.308, 164.310, 164.312, and 164.316.

1.15

Security Incident. “Security Incident” shall have the same meaning as the term “security incident”

in 45 CFR § 164.304.

Page 2 of 8

Business Associate Agreement Page 2

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