There are many HIPAA counterparty agreement models, but one must be careful before they are used. Before using such a template, it is important to check for whom this template was designed to make sure it is relevant. It should also be customized to include all requirements defined by the covered entity. A HIPC counterparty agreement is a contract between a HIPC entity and a supplier that is used by that entity. A unit covered by the HIPC is typically a health care provider, health plan or health care clearing house that conducts transactions electronically. A supplier to a HIPC entity that needs to receive protected health information (IHP) to perform tasks on behalf of the covered entity is designated as a counterparty (BA) under the HIPC. A provider is also considered BA when the PHI electronic services (ePHI) pass through its systems as part of the services provided. A counterparty agreement signed by the HIPC must be obtained from the covered entity before a counterparty can contact PHI or ePHI. Tax Class – A counterparty in this Agreement is treated as an independent contractor of 1099 responsible for the payment of its personal income and personnel taxes. HHS can verify the compliance of BAs and subcontractors, not just covered entities.
This means that organizations must have a Business Association Agreement (BAA) for all three levels in order to meet HIPAA requirements. It is in your primary interest to have an agreement, as all three classifications are responsible for the protection of PHI. The functions and activities of counterparties include: claims management or management; data analysis, processing or management; verification of use; quality assurance; settlement of accounts; performance management; practice management; and reassessment. the counterparty services are: legal; actuarial; accounting; counselling; data aggregation; management; from an administrative point of view; accreditation; and financially. See the definition of “counterparty” in 45 CFR 160.103. Business Association Agreements consist of information on the permitted and inadmissible use of IHP between two organizations held by the HIPC. . . .