Structuring Business Associate Agreements for Covered Entities and Business Associates

Navigating Regulatory Compliance and Negotiating Key Provisions

Recording of a 90-minute CLE webinar with Q&A


Conducted on Monday, December 21, 2015

Recorded event now available

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Program Materials

This CLE webinar will offer best practices for healthcare providers and business associates (BAs) negotiating business associate agreements (BAAs). The panel will examine current trends in contract negotiations, key contract provisions and ways to address common areas of dispute.

Description

BAs and covered entities (CEs) come to the table to negotiate and structure the BAA with very different goals. When structuring the agreement both parties must keep in mind the legal requirements imposed by HIPAA and its implementing regulations.

Among the issues the BAA should cover are establishment of the parameters and safeguards for when and how the BA is permitted to use or disclose protected health information (PHI) and the need for agreements with subcontractors that have access to PHI. The CE may also seek to require the BA to comply with the CE’s HIPAA policies despite the BA’s own compliance requirements under HIPAA.

Counsel to both CEs and BAs should carefully evaluate the key provisions, including audits rights and breach notification, when negotiating BAAs.

Listen as our authoritative panel of healthcare attorneys offers best practices for healthcare providers and BAs negotiating BAAs. The panel will examine current trends in contract negotiations, key contract provisions and ways to address common areas of dispute.

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Outline

  1. Regulatory compliance issues
    1. Identifying business associates
    2. Covered entity obligations
    3. Business associate obligations
    4. Subcontractors
    5. Liability for business associate conduct and minimizing same
  2. Key provisions in business associate agreements
    1. Required terms
    2. Additional terms: covered entity v. business associate perspective
      1. Limits on uses
      2. Indemnification
      3. Insurance
      4. De-identification of PHI
      5. Audit rights
      6. Change of law
      7. Limitation on liability
  3. Practical tips for addressing common areas of dispute

Benefits

The panel will review these and other key issues:

  • What regulatory compliance issues should be considered when structuring BAAs?
  • What approaches should counsel use to protect a client’s interests when negotiating a BAA?
  • What best practices should counsel employ when structuring BAAs?

Faculty

Gerry Hinkley
Gerry Hinkley

Partner
Pillsbury Winthrop Shaw Pittman

Mr. Hinkley counsels health care organizations regarding corporate law and board governance matters. He...  |  Read More

Stanger, Kim
Kim C. Stanger

Partner
Holland & Hart

Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint...  |  Read More

Allen Briskin
Allen Briskin

Senior Counsel
Pillsbury Winthrop Shaw Pittman

Mr. Briskin represents health care clients in organizational, regulatory, corporate and business matters,...  |  Read More

Hindmand , Rick
Rick L. Hindmand

Member
McDonald Hopkins

Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and...  |  Read More

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