Kinney & Associates, Inc.
Local education agencies are covered by FERPA. Since FERPA has a higher
privacy standard than HIPAA schools are not required to have a business
associate agreement for privacy purposes. However, recently a number of schools
have requested that one be put in place in case any HIPAA
provisions are later deemed to require it. The language below is offered to
facilitate this need.
Simply copy and past this text into any word processing software.
HIPAA Business Associates
Between ______________ And
Kinney Management Services, LLC.
Terms used, but not otherwise defined, in this Agreement shall have the same
meaning as those terms in the Privacy Rule.
Examples of specific definitions:
Business Associate. "Business Associate" shall mean Kinney Management Services,
LLC. referred to as
Covered Entity. "Covered Entity" shall mean ______________.
"Individual" shall have the same meaning as the term "individual" in 45 CFR §
164.501 and shall include a person who qualifies as a personal representative in
accordance with 45 CFR § 164.502(g).
Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and
Protected Health Information.
"Protected Health Information" shall have the same meaning as the term
"protected health information" in 45 CFR § 164.501, limited to the information
created or received by KINNEY from or on behalf of Covered Entity.
Required By Law.
"Required By Law" shall have the same meaning as the term "required by law" in
45 CFR § 164.501.
"Secretary" shall mean the Secretary of the Department of Health and Human
Services or his designee.
Obligations and Activities of
- KINNEY agrees to not use or disclose Protected Health Information
other than as permitted or required by the Agreement or as Required By Law.
- KINNEY agrees to use appropriate safeguards to prevent use or
disclosure of the Protected Health Information other than as provided for by
this Agreement. This includes meeting the HIPAA Security Standards.
- KINNEY agrees to mitigate, to the extent practicable, any harmful
effect that is known to KINNEY of a use or disclosure of Protected Health
Information by KINNEY in violation of the requirements of this Agreement.
KINNEY agrees to report to Covered Entity any use or disclosure of the
Protected Health Information not provided for by this Agreement of which it
- KINNEY agrees to ensure that any agent, including a subcontractor,
to whom it provides Protected Health Information received from, or created or
received by KINNEY on behalf of Covered Entity agrees to the same restrictions
and conditions that apply through this Agreement to KINNEY with respect to
- KINNEY agrees to provide access, at the request of Covered Entity,
within 30 days either as a copy of the paper record or of an electronic text
file, to Protected Health Information to the Covered Entity or, as directed by
Covered Entity, to an Individual in order to meet the requirements under 45
CFR § 164.524. Such request must be made in writing by the covered entities
identified contact in its contract with KINNEY.
- KINNEY agrees to make any amendment(s) to Protected Health
Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity. Such
request will be made in a manner prescribed by KINNEY.
- KINNEY agrees to make internal practices, books, and records,
including policies and procedures and Protected Health Information, relating
to the use and disclosure of Protected Health Information received from, or
created or received by KINNEY on behalf of, Covered Entity available to the
Secretary, or the Secretary’s designee, for purposes of the Secretary
determining Covered Entity's compliance with the Privacy Rule.
- KINNEY agrees to document such disclosures of Protected Health
Information and information related to such disclosures as would be required
for Covered Entity to respond to a request by an Individual for an accounting
of disclosures of Protected Health Information in accordance with 45 CFR §
- KINNEY agrees to provide to Covered Entity or an Individual
information collected in accordance with its contract with KINNEY to permit
Covered Entity to respond to a request by an Individual for an accounting of
disclosures of Protected Health Information in accordance with 45 CFR §
Permitted Uses and
Disclosures by KINNEY
General Use and Disclosure
Except as otherwise limited in this Agreement, KINNEY may use or
disclose Protected Health Information on behalf of, or to provide services to,
Covered Entity for the management of Medicaid billing, if such use or disclosure
of Protected Health Information would not violate the Privacy Rule if done by
Covered Entity or the minimum necessary policies and procedures of the Covered
Obligations of Covered Entity
Provisions for Covered Entity to Inform KINNEY
of Privacy Practices and Restrictions
- Covered Entity shall notify KINNEY of any limitation(s) in its
notice of privacy practices of Covered Entity in accordance with 45 CFR §
164.520, to the extent that such limitation may affect Business Associate's
use or disclosure of Protected Health Information.
- Covered Entity shall notify KINNEY of any changes in, or revocation
of, permission by Individual to use or disclose Protected Health Information,
to the extent that such changes may affect Business Associate's use or
disclosure of Protected Health Information.
- Covered Entity shall notify KINNEY of any restriction to the use or
disclosure of Protected Health Information that Covered Entity has agreed to
in accordance with 45 CFR § 164.522, to the extent that such restriction may
affect Business Associate's use or disclosure of Protected Health Information.
Permissible Requests by Covered Entity
Covered Entity shall not request KINNEY to use or disclose Protected Health
Information in any manner that would not be permissible under the Privacy Rule
if done by Covered Entity.
Term and Termination
- Term. The Term of this
Agreement shall be effective as of [Insert Effective Date], and shall
terminate when all of the Protected Health Information provided by Covered
Entity to Business Associate, or created or received by KINNEY on behalf of
Covered Entity, is destroyed or returned to Covered Entity, or, if it is
infeasible to return or destroy Protected Health Information, protections are
extended to such information, in accordance with the termination provisions in
this Section. [Term may differ.]
- Termination for Cause.
Upon Covered Entity's knowledge of a material breach by Business Associate,
Covered Entity shall either:
- Provide an opportunity
for KINNEY to cure the breach or end the violation and terminate this
- Immediately terminate
this Agreement if KINNEY has breached a material term of this Agreement and
cure is not possible; or
termination nor cure are feasible, Covered Entity shall report the violation to
- Effect of Termination.
- Except as provided in
paragraph (2) of this section, upon termination of this Agreement, for any
reason, KINNEY shall return or destroy all Protected Health Information
received from Covered Entity, or created or received by KINNEY on behalf of
Covered Entity. This provision shall apply to Protected Health Information
that is in the possession of subcontractors or agents of Business Associate.
KINNEY shall retain no copies of the Protected Health Information.
- In the event that
KINNEY determines that returning or destroying the Protected Health
Information is infeasible, KINNEY shall provide to Covered Entity
notification of the conditions that make return or destruction infeasible.
Upon [Insert negotiated terms] that return or destruction of Protected
Health Information is infeasible, KINNEY shall extend the protections of
this Agreement to such Protected Health Information and limit further uses
and disclosures of such Protected Health Information to those purposes that
make the return or destruction infeasible, for so long as KINNEY maintains
such Protected Health Information.
- Regulatory References. A
reference in this Agreement to a section in the Privacy Rule means the section
as in effect or as amended.
- Amendment. The Parties
agree to take such action as is necessary to amend this Agreement from time to
time as is necessary for Covered Entity to comply with the requirements of the
Privacy Rule and the Health Insurance Portability and Accountability Act of
1996, Pub. L. No. 104-191.
- Survival. The respective
rights and obligations of KINNEY under Section c of this Agreement shall
survive the termination of this Agreement.
Any ambiguity in this Agreement shall be resolved to permit Covered Entity
to comply with the Privacy Rule.