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Chapter 1: Business Associate Requirements

Index

Section I: Pertinent sections of HIPAA privacy regulations relating to Business Associate Contracts.
Section II: Office of Civil Rights
Section III: Web sites of interest
Section IV: Model forms/checklists/examples provided by Nebraska Healthcare providers


Section I: HIPAA Privacy Regulations relating to business associates

Refer to the following sections of the HIPAA privacy regulations for information regarding Business Associate contracts:

Section 160.103 - Definitions
Section 164.502(e) – Disclosures to Business Associates

You may view the regulations on line by accessing the December 28, 2000 Federal Register (65 FR 82462) through the Office of Civil Rights Web site http://www.hhs.gov/ocr/hipaa/.

You may also view the regulations on line by accessing the web site of the law firm of Bricker & Eckler, LLP at http://www.bricker.com. This web site is made available through a collaborative effort between the Nebraska Association of Hospitals and Health Systems and the Ohio Hospital Association. Access the Web site directly to perform a search of any portion of the HIPAA regulation, complete with comments and responses. The following link is an excerpt from the Bricker & Eckler site regarding business associate requirements. http://www.bricker.com/attserv/practice/hcare/hipaa\164.504e.asp


Section II: Office of Civil Rights

The Office of Civil Rights within Health & Human Services has been given the responsibility to receive complaints about possible violations of the HIPAA privacy regulations.

The HHS has issued “guidance” to hospitals, physicians, and health plans to help them understand their obligations to patients under HIPAA. The “Guidance” can be accessed at the following Web site. http://www.hhs.gov/ocr/hipaa/

Consult this Web site routinely for updates to the Guidance. The following link provides an excerpt from the 07/06/01 Guidance relating to Business Associate Contracts. http://www.hhs.gov/ocr/hipaa/busassoc.html



Section III: Web sites of interest

Workgroup for Electronic Interchange - WEDI:
http://www.wedi.org
http://www.wedi.org/snip/presentations/SNIP_Forum/Guide_010801a.pdf
(42 page document from WEDI, Beacon Partners – Health Care Management Consultants)

American Health Information Management Association - AHIMA:
http://www.ahima.org
The American Health Information Management Association web site contains useful information on a variety of HIPAA issues. Consult this site periodically for updated information.

American Hospital Association - AHA:
http://www.aha.org
The AHA Web site contains useful information on a variety of HIPAA issues. Consult this site periodically for updated information.Your facility must be a member of AHA to access certain pages of the site.

Health and Human Services:
http://aspe.os.dhhs.gov/admnsimp/qdate01.htm
Consult this site periodically for Q&A regarding HIPAA.

Joint Commission on the Accreditation of Healthcare Organizations:
http://www.jcaho.org/accredited+organizations/hospitals/index.htm
Sample - Business Associate Agreement for use by health care providers and the JCAHO



Section IV: Model forms/checklists/educational materials provided by Nebraska health care providers.

Update on Business Associate Agreements - Jennifer Wolfe Jerram, BSN, JD, Stinson Morrison Hecker LLP

JCAHO Model Business Associate Agreement

Business Associates 101 - Stinson, Mag & Frizell

An understanding of "Business Associates" - Children's Hospital

Sample Business Associate Contract Worksheet - Nebraska Methodist Hospital

Sample Business Associate Contract Categories - Nebraska Methodist Hospital

Sample Business Associate Worksheet - Nebraska Methodist Hospital

Sample Business Associate Survey

Sample Business Associate Operational Definitions - Children's Hospital

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