Business Associate Agreement with HIPAA Compliance
The Standard Business Associate Agreement (BAA) is designed to enable HIPAA covered entities to exchange protected health information with SaaS providers and other business associates. It is part of OLL’s widely trusted library of open, lawyer-vetted standard agreements.
Standard Business Associate Agreement (BAA) (Version 1.0)
Cover Page
By executing this Cover Page, Customer and Business Associate enter into the Business Associate Agreement (BAA) (Version 1.0). The BAA includes the contents of this Cover Page, including the Key Terms any Additional Terms. Capitalized terms not defined in this Cover Page have the meanings given in the BAA.
Key Terms | |
Main Agreement | This BAA is incorporated into the agreement between Customer and Provider identified below: |
[main agreement name/date] | |
BAA Effective Date | [effective date] |
Additional Terms | |
The following additions to or modifications of the BAA are agreed by the parties and control in the event of any conflicts: | |
Signatures | |
Agreed to as of the BAA Effective Date by each party’s authorized representative: | |
Customer: | Business Associate: |
Standard Terms
This Business Associate Agreement (Version 1.0) (“BAA”) is a set of standard terms entered into between Business Associate and Customer by executing a Cover Page.
Definitions.
“Breach”, “Covered Entity”, “Designated Record Set”, “Disclosure”, “Individual”, “Required by Law”, “Secretary”, “Security Incident”, “Unsecured PHI”, “Use”, and any other terms defined in the HIPAA Rules, whether capitalized or not, have the meaning ascribed to such terms in the HIPAA Rules unless otherwise specified.
“Additional Terms” means any additions to or modifications of this BAA that the parties specify on a Cover Page.
“Business Associate” is identified on the Cover Page.
“BAA Effective Date” is specified on the Cover Page.
“Cover Page” means a separate document executed by Customer and Business Associate which specifies the Key Terms and any Additional Terms and causes them to enter into this BAA.
“Customer” is identified on the Cover Page.
“Data Disposition Period” is defined in Section 5.2.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, and implementing regulations.
“HIPAA Rules” means the Privacy Rule and Security Rule.
“HITECH Act” means the Health Information Technology for Economic and Clinical Health Act, codified at 42 U.S.C. §§ 17921–17954, and implementing regulations.
“HHS” means the Department of Health and Human Services.
“Key Terms” means the BAA Effective Date and Main Agreement.
“Main Agreement” means the separate agreement under which Business Associate is providing a service to Customer to which this BAA relates.
“Privacy Rule” means the standards for permissible uses and disclosures of Protected Health Information codified at 45 C.F.R. Part 160 and Subparts A and E of Part 164.
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