Business Associate Agreements Matter: Demystifying the Perceived Simplicity of HIPAA Agreements

Healthcare attorney Shalyn Watkins published an article in the Employee Benefit Plan Review explaining how Business Association Agreements (BAA) can make or break a compliance program. Most healthcare providers and companies are accustomed to signing BAAs, a requirement when contracting with an entity covered by the Health Insurance Portability and Accountability Act (HIPAA). However, Ms. Watkins contends, many fail to read what they're signing or, worse, fail to execute the agreement altogether. In her article, she outlines what a BAA must say, such as establishing the permitted use and disclosure of protected health information (PHI) and authorizing the termination of the contract, in addition to what parties should consider when negotiating one, such as overly restrictive provisions or unclear reporting obligations.

Ms. Watkins also published a Holland & Knight alert on this topic.

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