Getting a Business Associate Agreement (BAA) signed is generally a simple process using our Business Associate Center. We ensure this process runs smoothly for our Customers. To do this a member of the EPICompliance Team personally contacts everyone who was sent a BAA through our Business Associate Center. We guide the Business Associate through this process and assist as needed. We handle any questions and all the logistics for you. You concentrate on your business – let us handle compliance.
There are some circumstances where the traditional BAA process in our system does not apply. This is how these situations are handled.
There are three scenarios where this may be the case:
- Pre-existing BAA: Valid BAA exists that pre-dates your EPICompliance Account:
- Solution: Upload a copy of this agreement to the EPICompliance Business Associate Center.
- No need for the other party to create an EPICompliance Account. For compliance tracking purposes, you will need to add this party as a Business Contact in your Business Associate Center.
- No EPICompliance Account created by Business Associate: BAA (your specific form or the EPICompliance template BAA) was sent via the EPICompliance Business Associate Center, but the receiving party does not want to create an EPICompliance Account.
- Solution: This is not a problem. Simply email, fax, mail, or deliver a copy of the BAA to the receiving party. Once signed and returned, upload a copy of this Agreement to the EPICompliance Business Associate Center.
- For compliance tracking purposes, you will need to add this party as a Business Contact in your Business Associate Center.
- Note: For those who were sent a BAA by one of our Customers we do not charge them for creating and using the EPICompliance Account – but we do limit them to Business Associate Center access only (they get no access to any other modules on the Complete Compliance Suite). We allow this Limited Access Free Account for the Business Associate Center as a service to our Customers, to help ensure Business Associate compliance. So, cost should not be an issue for anyone who was sent a BAA by our Customers.
- Third-party agreement: The Business Associate has their own BAA that has been appropriately reviewed by your attorney and you have agreed to sign (i.e., this is not your specific form or the EPICompliance template BAA).
- Solution: Upload a copy of this agreement to the EPICompliance Business Associate Center.
- No need for the other party to create an EPICompliance Account. For compliance tracking purposes, you will need to add this party as a Business Contact in your Business Associate Center.
Refusal to sign: On rare occasions, someone sent a BAA refuses to sign or offer any BAA by any means. A valid BAA (Contractor/Subcontractor Agreement) is required by HIPAA. Understand that using the services of a Business Associate may result in mandatory fines of up to fifty thousand dollars per violation. The Department of Healthcare and Human Services guidance states that refusal to sign a BAA should result in termination of the agreement. We recommend that in these instances you contact your attorney for advice.
Should you have any questions or need assistance please contact us.
NOTE 1: EPICompliance provides our Business Associate Center as a service to help organize your BAAs. We do offer a non-editable template BAA that covers all necessary areas required by HIPAA that you may use. We are not able to change our template BAA, draft a custom agreement, or make any judgment on any BAA you are using or are sent.
NOTE 2: Should you have a concern or question about any BAA please direct this to a qualified healthcare attorney in your jurisdiction. If you do not have a qualified healthcare attorney, please contact us and we will direct you to a trusted resource.
For questions or concerns, contact us via the following:
- Chatbox/window on your Complete Compliance Suite screen.
- Telephone: 877-560-4261
- Email: support@epicompliance.com