Appreciating the Content of a Business Associate Agreement

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX will be presenting with us. Business Associate Agreements (BAA) are not new; however, some individuals are new to healthcare and others never understood what a BAA is exactly. A BAA is a contract that fundamentally gives assurances that the parties are complying with the Security Rule and Privacy Rule, setting parameters in the event of a reportable security incident or a breach, and states how the sensitive data will be returned and destroyed at the end of the relationship. Some of the items in a BAA are required, while others are optional but common. This presentation not only seeks to dispel myths about why certain language is prevalent in nearly all BAAs, but also provides insight into other provisions, and items for consideration, in light of the 21st Century Cures Act.

This webinar will cover the following objectives::

1. Explain the statutory requirements and HHS’s suggestions for BAAs
2. Provide insights into additional provisions, many of which are common, as well as the type of agreement to use in different situations
3. Elaborate on best practices when drafting and negotiating BAAs, including indemnification provisions