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Governance, Risk, Audit & Privacy · Intermediate

Business Associate Agreement (BAA)

Contract required by HIPAA between a covered entity and business associate defining permitted uses and safeguards for PHI.

Definition

A BAA establishes permitted uses and disclosures, requires safeguards per the Security Rule, breach reporting to the covered entity, flow-down to subcontractors, access and amendment support, and return or destruction of PHI at termination. Operating without a required BAA is itself a violation.

Example

A hospital signs a BAA with its transcription vendor before sending recordings.

Exam tip

No BAA, no PHI sharing with the vendor.

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