Model Business Associate Agreement Template
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10Model Business Associate Agreement
Instructions:
The Texas Health Services Authority (THSA) has developed a model BAA for use between
providers (Covered Entities) and HIEs (Business Associates). The model BAA is not required
for use by the HIEs. Rather, it was developed to provide a potential aid to reduce negotiating
time between HIEs and providers. This model BAA is based on the BAA the Integrated Care
Collaboration negotiated with its users. The main changes are the addition of some terms to
address requirements under HB 300 (82nd Texas Legislature) and some changes to timeframes
included in the document. This model BAA is not intended to serve as a substitute for legal
advice, and HIEs that opt to use this document should consult an attorney to ensure that they use
this document in such a way as to make it an enforceable BAA that meets applicable HIPAA and
HITECH requirements.
Please note that Chapter 181 of the Texas Health and Safety Code defines the term “Covered
Entity” more broadly than does HIPAA in 45 C.F.R. §160.103. The HIPAA definition, rather
than the Texas definition, is used in this model BAA, as not all “covered entities” as defined by
Texas law are required to comply with HIPAA and HITECH. However, all covered entities as
defined by Chapter 181 are required to comply with the applicable Chapter 181 provisions.
THSA– Model Business Associate Agreement
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