Also BAA, business associate contract
A covered entity, which for this purpose means the agency, the practice or the PACE organization, may let a vendor handle protected health information only under a written agreement that meets 45 CFR 164.504(e). The agreement must set out the permitted uses and disclosures, require the vendor to safeguard the data under the Security Rule, require it to report breaches, flow the same terms down to its own subcontractors, and provide for return or destruction of the data when the arrangement ends. Since the 2013 Omnibus Rule the business associate is directly liable under HIPAA for its own compliance, not only through the contract.
A records retrieval service is a business associate by definition: it receives protected health information on the provider’s behalf and holds it. That has two consequences worth understanding before signing anything.
- The vendor acts under the provider’s authority. When Vivlio queries the exchange networks for an agency’s patient, it does so as that agency’s business associate, under the agency’s treatment purpose of use and identified by the agency’s NPI. The vendor has no purpose of its own; it has the provider’s.
- The agreement is the place to check the limits. What the vendor may do with the data beyond the service, whether it may de-identify and reuse it, how long it keeps it, and where it is stored are answered in the BAA or not at all.
Vivlio publishes its BAA in full rather than producing it on request, so an agency’s compliance officer can read the terms before the first conversation with sales.
