Business Associate Agreement by Common Paper
The Common Paper Business Associate Agreement (BAA) is designed to enable HIPAA covered entities to share protected health information with SaaS providers and other business associates. It is part of CommonPaper’s widely trusted library of open, lawyer-vetted standard agreements.
Business Associate Agreement
USING THIS BAA
This BAA has 2 parts: (1) the Key Terms on this Cover Page and (2) the Common Paper BAA Standard Terms Version 1.0 posted at https://commonpaper.com/standards/business-associate-agreement/1.0, which is incorporated by reference. Any modifications to the BAA Standard Terms should be made on the Cover Page. If there is any inconsistency between the parts of the BAA, the Cover Page will control over the BAA Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or Standard Terms. A copy of the BAA Standard Terms is attached for convenience only.
Key Terms
The key legal terms of this BAA are as follows:
Agreement | This BAA is incorporated into the [main agreement] |
Relationship | Provider is a subcontractor | Business Associate |
Breach Notification Period | Drafting note: this time period cannot be more than 60 calendar days
|
Designated Record Set | Drafting note: select one and delete the other Provider maintains PHI in a Designated Record Set. Provider does not maintain PHI in a Designated Record Set. |
Limitations | The Standard Terms permit all four activities (Sections 1.7 and 3). Delete the entire section to allow these activities as specified in the Standard Terms. To prohibit or place limits on the extent to which these activities can be done, select and specify those that apply. Subcontracting: |
BAA Effective Date | Date of last signature on this Cover Page |
Changes to BAA Standard Terms | [changes to standard terms] |
Other Changes to BAA Standard Terms | [other changes] |
Provider and Company have not changed the BAA Standard Terms except for the details on the Cover Page above. By signing this Cover Page, each party agrees to enter into this BAA as of the BAA Effective Date.
PROVIDER: [provider name] | COMPANY: [company name] | |
Signature | ||
Print Name | [provider print name] | [company print name] |
Title | [provider title] | [company title] |
Notice Address | [provider notice address] | [company notice address] |
Date | [provider date] | [company date] |
Standard Terms
Business Associate Obligations
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