Question:

Hi Jennifer, 

 Thanks for the new billing company contract review.  Do I need you to review the Business Associate Agreement or can I sign that as standard form? 

Thanks in advance. 
Dr. S

Answer:

I understand how you would/could dismiss a Business Associate Agreement as a standard form, but, not, more than ever, each Business Associate Agreement and relationship that should have a Business Associate Agreement is more critical than ever to have assessed.  Why?  Well, because your Business Associate Agreement protects the entrance to your "house", your medical practice.  Entering into a relationship with a vendor without protecting your entrance is akin to alarming your home, but leaving the front door unwired and door open.   Business Associate Agreements vary; each document is not the same.  Some are fair, and the party presenting takes full responsibility for HIPAA/Data Breaches it causes.  Most are protective, and will have language disclaiming the vendor's liability/responsibility for mistakes, acts, omissions, errors they case regarding your practice's protected information.    So, why, now, is having a Business Associate Agreement reviewed even more important?   Well, AI, of course.   Many vendors are MORE than their company - they, themselves, have incorporated third party actors to assist in the running of their company, so when you hire a billing company that has an AI agent/actor or relationship, you now have another party/business with access to your practices confidential information.   We need to make sure the vendor and their subs/vendors are on the hook for their misconduct; that liability is not limited or disclaimed, or capped.   

Let's hold vendors accountable.   We can't do that unless we vet through key agreements, and Business Associate Agreements are absolutely critical agreements, varying by vendor/relationship.   If you are paying for an alarm, let's make sure its working and effective...