“counterparty” generally has the same meaning as “consideration” in 45 CFR 160.103, which means access to the portion of that group. It`s like a chain that follows the IHP from the very first link in the chain, the entity covered. The following link would be the business partner and all its subcontractors (including business partners) would be links that will follow. Imagine subcontractors as business partners. The BAA follows the direct path of the chain. A covered entity is therefore not required to sign a BAA with the subcontractors of its business partners, but it is the business partner. 1. At the end of this CAG, in accordance with the provisions of these RULES and the underlying agreement, the subcontractor shall return or destroy all PHI that it has received from the counterparty or that it has created, maintained or received by the subcontractor on behalf of ACCESS that the subcontractor still maintains in any form whatsoever. This provision applies to PHI owned by subcontractors or implementing intermediaries of subcontractors. The subcontractor does not keep copies of the PHI. to apply for the termination of the contract and, to the extent possible, to return or destroy all protected health information received, created or obtained by the counterparty on behalf of the covered company that the counterparty still maintains in any form whatsoever, and do not keep a copy of such information or, if such return or destruction is not possible, to extend the protection of the contract to information and other derogations to limit landings and disclosures to those purposes which make it impossible to return or destroy the information; and as an in-house consultant, it is important to understand whether a specific contractual relationship between a covered company and a seller or contractor requires a counterparty agreement.
In this quick tip, I will briefly discuss who are trading partners, the necessary elements of a counterparty agreement, and the risk management of counterparty agreements. Contractors who work exclusively for your company, people with other customers and employees hired through a company are not business partners. Your company is, however, liable if any of these people violate PHI. . . .