General provision. The data protection rule requires that a covered entity receive satisfactory assurances from its counterparty that the counterparty adequately protects the protected health information it receives or creates on behalf of the entity concerned. Satisfactory assurances must be made in writing, either in the form of a contract or other agreement between the covered entity and the counterparty. (d) counterparties may not use or disclose protected health information in a manner that would be contrary to subsection E of 45 CFR Part 164 if this is done by an insured agency [if the agreement allows the counterparty to use or disclose protected health information for its own management and management and legal responsibilities, or for data aggregation services , in accordance with the optional provisions (e) (then add , with the exception of the specific uses and indications listed below.”] This is just one example of language and the use of these examples is not necessary to comply with HIPAA rules. The language may be modified to more accurately reflect trade agreements between a counterparty or counterparty or subcontractor. In addition, these provisions or similar provisions may be included in a service agreement between a counterparty or counterparty or a subcontractor or in a separate counterparty agreement. These provisions relate only to the concepts and requirements defined in the rules of data protection, security, infringement and enforcement of hipaa legislation and may not be sufficient on their own to achieve a binding contract under national law. They do not contain many formalities and material provisions that may be required or contained in a valid contract. The use of this sample may not be sufficient to respect state law and may not replace consultation with counsel or negotiations between the parties. [Option 2 – Reference to an underlying service agreement, z.B.” “as necessary to provide the services defined in the service agreement.”] HIPAA requires that a covered company enter into a HIPAA-compliant counterparty agreement with all counterparties. In addition, all counterparties must enter into HIPAA-compliant counterparty contracts with subcontractors who perform certain functions and have access to the covered company`s PHI.
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