Shalyn Watkins of Holland & Knight writes:
For most healthcare providers and businesses, signing a Business Associate Agreement (BAA) is a standard practice. When contracting to provide services with an entity governed by the Health Insurance Portability and Accountability Act (HIPAA), it is a requirement that the entity enter into a business associate contract, also known as a BAA. This includes HIPAA covered entities, their business associates and downstream business associate subcontractors. However, parties often treat the agreements as boilerplate and either fail to read and negotiate their terms or, worse, forego executing the agreement altogether. Contrary to popular belief, though, BAAs are critically important and can make or break a compliance program if not taken seriously. Though it may seem easiest to simply sign a BAA as a standard attachment to a service agreement, this Holland & Knight alert will highlight five of the many reasons why parties should always read, review and negotiate the terms prior to execution.
Read more at JDSupra.