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BUSINESS ASSOCIATE ASSURANCE [DP160]
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Scope: Enterprise
Distribution: Executive Leadership, Director of Information Technology, Privacy and Data Security, Directors, Managers and
Supervisors
Purpose: To ensure third parties to whom the organization discloses Protected Health Information maintain an equivalent level
of protection of that data.
External Regulation or Standard: 45 C.F.R. §164.502(e), 164.504(e) and 164.532 ‐ business associate contract
Who is Responsible Statement Policy, Standard, or Procedure Statement
Number
CFO with Executive DP160.1 The organization will take reasonable steps to ensure that third parties that
Leadership, Director of access, process, or receive Protected Health Information (PHI) under the
Information organization's control take equivalent steps as the organization does to protect
Technology, Privacy that data.
and Data Security,
Directors and Managers
CFO DP160.2 The organization will ensure contracts or other arrangements between the
organization and its business associates/vendors comply with the policies and
procedures described herein and as required by law.
CFO with Director of DP160.3 Upon learning that a pattern of activity or practice of a business associate
Information constitutes a material breach of PHI or violation of the business associate’s
Technology, Privacy obligation under the contract or other arrangement, the organization will take
and Data Security reasonable steps to cure the breach or end the violation. If such steps are
unsuccessful:
and Privacy Steering
Committee
CFO With Privacy DP160.3a (a) terminate the contract or arrangement, if feasible; and/or
Steering Committee
CFO With Director DP160.3b (b) report the breach as required under the HITECH Act if a determination is
of Information made that a reportable breach of PHI has occurred.
Technology,
Privacy and Data
Security and
Privacy Steering
Committee
CFO with Director of DP160.4 The organization will document satisfactory assurances of compliance with the
Information policies and procedures herein through a written contract or other written
Technology, Privacy agreement or arrangement with the business associate; that establishes the
and Data Security permitted and required uses and disclosures of PHI.
CFO with Director of DP160.5 The written contract or other written agreement or arrangement with a business
Information associate will authorize termination of the contract by the organization if the
Technology, Privacy organization determines that the business associate has violated a material term
and Data Security of the contract.
CFO with Director of DP160.6 Written contracts or agreements between the organization and a business
Information associate will provide that the business associate will:
Technology, Privacy
and Data Security
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