After the end of this agreement for some reason, Business Associate is returned to covered companies [or, if agreed by covered companies, destroying] any health information protected by companies covered, or created, maintained, or received by trading partners on behalf of the covered entity that the counterparty still manages in any form. The counterparty must not keep copies of the protected health information. (d) counterparties may not use or disclose protected health information in a manner that would be contrary to subsection E of 45 CFR Part 164 if this is done by an insured agency [if the agreement allows the counterparty to use or disclose protected health information for its own management and management and legal responsibilities, or for data aggregation services , in accordance with the optional provisions (e) (then add , with the exception of the specific uses and indications listed below.”] (e) [Optional] Counterparties may use protected health information for the proper management and management of the counterparty or to discharge the legal responsibilities of the counterparty. This is just one example of language and the use of these examples is not necessary to comply with HIPAA rules. The language may be modified to more accurately reflect trade agreements between a counterparty or counterparty or subcontractor. In addition, these provisions or similar provisions may be included in a service agreement between a counterparty or counterparty or a subcontractor or in a separate counterparty agreement. These provisions relate only to the concepts and requirements defined in the rules of data protection, security, infringement and enforcement of hipaa legislation and may not be sufficient on their own to achieve a binding contract under national law. They do not contain many formalities and material provisions that may be required or contained in a valid contract. The use of this sample may not be sufficient to respect state law and may not replace consultation with counsel or negotiations between the parties.
A “counterpart” is a person or organization other than a staff member of a covered company that performs functions or activities on behalf of a covered entity or provides certain services to a classified entity that includes consideration access to protected health information. A “business partner” is also a subcontractor that creates, receives, manages or transmits protected health information on behalf of another counterparty. HIPAA rules generally require covered companies and counterparties to enter into contracts with their trading partners to ensure that counterparties properly protect health information. The counterparty contract is also intended to clarify and, if necessary, limit the use and disclosure permitted by the counterparty of protected health information on the basis of the relationship between the parties and the activities or services of the counterparty. A counterparty may only use or disclose protected health information to the extent that its counterparty contract is authorized or required or required by law. A counterparty is directly responsible under HIPAA rules and is subject to civil and, in some cases, criminal penalties for the use and disclosure of protected health information that is not authorized by the treaty or prescribed by law. A trading partner is also directly responsible and is subject to civil penalties if it does not protect health information protected electronically in accordance with the HIPAA safety rule.