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
This CLE course 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.
Outline
- Regulatory compliance issues
- Identifying business associates
- Covered entity obligations
- Business associate obligations
- Subcontractors
- Liability for business associate conduct and minimizing same
- Key provisions in business associate agreements
- Required terms
- Additional terms: covered entity v. business associate perspective
- Limits on uses
- Indemnification
- Insurance
- De-identification of PHI
- Audit rights
- Change of law
- Limitation on liability
- 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
Partner
Pillsbury Winthrop Shaw Pittman
Mr. Hinkley counsels health care organizations regarding corporate law and board governance matters. He... | Read More
Mr. Hinkley counsels health care organizations regarding corporate law and board governance matters. He advises hospitals and physician organizations regarding management of legal affairs, governance, regulatory compliance, reimbursement, capital finance, joint ventures and clinic development. He also counsels health information exchanges regarding governance, privacy, tax-exemption, user participation, consent and risk management.
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Kim C. Stanger
Partner
Holland & Hart
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint... | Read More
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint ventures, practice formations, acquisitions, and mergers, conversions and physician integration. He helps clients comply with laws and regulations governing healthcare, including Stark, the Anti-Kickback Statute, HIPAA, EMTALA, HITECH, Medicare and Medicaid requirements, and licensing rules. He also advises clients in governance matters, including drafting and implementing board and medical staff bylaws, policies and rules.
CloseAllen Briskin
Senior Counsel
Pillsbury Winthrop Shaw Pittman
Mr. Briskin represents health care clients in organizational, regulatory, corporate and business matters,... | Read More
Mr. Briskin represents health care clients in organizational, regulatory, corporate and business matters, emphasizing health information exchange network development, hospital operations and hospital-physician alignment, managed health care and other health-plan and health-insurance issues. He represents hospitals and health systems, large medical groups, health information exchange organizations, managed care payors and others in regulatory compliance, licensing and contracting matters. He is a principal author of the Markle Connecting for Health Common Framework: Model Contract for Health Information Exchange.
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Rick L. Hindmand
Counsel
McDonald Hopkins
Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and... | Read More
Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and transactional matters. He represents physicians and other healthcare providers and organizations in structuring group practices, joint ventures, medical device companies, as well as physician/hospital alignment strategies and involvement in accountable care organizations (ACOs). He also assits healthcare providers and businesses with potential compliance challenges, including compliance with the Stark physician self-referral law, federal and state anti-kickback laws, and corporate practice and fee-splitting restrictions.
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