Description:
The organization adheres to the Health Insurance Portability and Accountability Act (HIPAA) requirements regarding the engagement of business associates for the creation, receipt, maintenance, or transmission of electronic protected health information (ePHI) on its behalf. In accordance with § 164.314(a), the covered entity ensures the establishment of satisfactory assurances with business associates, guaranteeing the appropriate safeguarding of sensitive health information. Verification that business associates engaged for ePHI-related activities provide satisfactory assurances of implementing and maintaining robust safeguards in line with HIPAA requirements. Execution of contractual agreements with business associates, explicitly outlining the expectations and commitments for safeguarding ePHI in compliance with HIPAA standards. Implementation of periodic security audits and assessments to evaluate the effectiveness of safeguards employed by business associates. Establishment of mechanisms for ongoing monitoring and oversight to ensure that business associates consistently adhere to the agreed-upon safeguarding practices.
Priority: High
Category: Business Associate Management
Services Associated with AWS:
- AWS Business Associate Addendum (BAA):
- Utilization of the AWS BAA to establish a framework of commitments and responsibilities for safeguarding ePHI in the cloud environment.
- AWS Artifact: Accessing compliance documentation, including security reports, to ensure that AWS services comply with HIPAA requirements.
Services Associated with Azure:
- Azure HIPAA/HITECH Implementation Guidance: Leveraging Azure's implementation guidance for HIPAA/HITECH to ensure that Azure services meet the necessary standards for safeguarding ePHI.
- Azure Blueprint for HIPAA: Implementing the Azure Blueprint for HIPAA to facilitate the design, deployment, and management of HIPAA-compliant solutions.
Objective Evidence:
- Executed Business Associate Agreements: Documentation of signed agreements with business associates, clearly defining the responsibilities and assurances related to ePHI safeguarding.
- Security Audit Reports: Reports from security audits and assessments conducted on business associates, demonstrating adherence to safeguarding practices.
- Incident Response Records: Records of incident response activities, showcasing the organization's preparedness and action in the event of security incidents involving business associates.
Possible Technology Considerations:
- Secure File Transfer Mechanisms: Implementation of secure file transfer mechanisms when business associates are involved in the transmission of ePHI.
- Encryption Technologies: Adoption of encryption technologies for the secure storage and transmission of ePHI, especially when engaging business associates.
- Access Controls and Logging: Implementation of access controls and logging mechanisms to track and monitor business associate activities related to ePHI.
What Needs to Be Answered:
- How effective are the safeguarding practices implemented by business associates in protecting ePHI, and how is this effectiveness measured?
- Are business associate agreements executed in a timely manner before engaging in activities involving ePHI?
- How does the organization respond to and manage security incidents involving business associates, ensuring a swift and appropriate resolution?
- How well are the safeguarding practices of business associates integrated with the organization's internal security policies and procedures?