This document includes sample business associate agreement provisions to help covered entities and business associates more easily comply with the business associate contract requirements.
This paper is intended to provide a broad overview of the Patient Protection and Affordable Care Act (“ACA”) as it applies to employers that sponsor health plans. This outline does not address all the applicable aspects and nuances of ACA as it applies to employer-sponsored health plans, as thousands of pages of applicable guidance have been issued on this topic over the past several years. Rather, its purpose is to introduce employers to some of the key provisions of health care reform that impact employer-sponsored health plans. As you review the materials herein, please remember that the application of the rules described is highly fact specific and this paper is not intended to provide legal advice or a legal opinion.
This sample form has specific application for parties entering a health services agreement. For instance, it considers the treatment of protected health information under the HIPAA Privacy Rule.
Use this tool to assess existing hospital/physician relationships in order to identify potential violations of the federal Stark Law, anti-kickback law or False Claims Act (or similar state laws), which could trigger disclosure and/or repayment obligations. This tool can also be used as an aid in negotiating and drafting new agreements with physicians. While this tool was designed primarily with the Stark Law in mind, some of its questions are applicable to an anti-kickback analysis as well.
This is a sample business associate agreement.
This InfoPAK provides essential legal and practical advice about cloud computing and its increasing use in the health care industry. It explores in depth the primary legal risks associated with hosting and accessing clinical data in the cloud computing environment, including the privacy and security issues associated with the use of cloud technology. Also included in this InfoPAK is a comprehensive discussion of cloud computing contracting issues, strategies for successfully negotiating cloud agreements, and sample contract provisions for “best practice” solutions. This InfoPAK also provides valuable checklists and tools to guide health care organizations in negotiating cloud computing agreements.
In recent years, the compliance landscape for health industry companies has become more
complex, in part because of increasingly aggressive enforcement of privacy breaches and false claims by regulators. At the same time, unprecedented pushes for transparency and disclosure by both the government and the public continue to gain traction. This Practice Profile highlights elements presented by four healthcare organizations as crucial for responding to these trends and nurturing successful compliance programs. Organizational leaders featured here explain department leading practices designed to bolster cultures of compliance while better managing risk and encouraging innovation. They also offer their best practices in areas that can inform your own organization’s approach to compliance, its pursuit of an excellence culture and its effective reliance on outside counsel in responding to
government inquiries.
This course will explain our policy regarding the privacy and security of electronic healthcare information in compliance with HIPAA, the Health Insurance Portability and Accountability Act. (Licensed for use in classroom settings only and not for distribution in any form.)
This check card is a printable resource with practical advice for the dos and don'ts of HIPAA privacy.
Provides guidance on complying with the Health Insurance Portability and Accountability Act (HIPAA), including a checklist outlining how HIPAA applies to business associates.