Business Associate Contracts Policy (UBIT HIPAA)

Category: HIPAA Security
Responsible Office: UBIT HIPAA Compliance
Responsible Executive: Vice President and Chief Information Officer (VPCIO)
Approved By (Name/Title): J. Brice Bible, VPCIO

CATEGORY: Organizational Requirements
TYPE: Required Implementation Specification for Business Associate Contracts and Other Arrangements
CITATION: 45 CFR 164.314(a)(2)(i)

The University at Buffalo Information Technology (UBIT) operates as a covered entity as defined by the U.S. Department of Health and Human Services Office of Civil Rights. HIPAA Regulation Text 45 CFR 164.314(a)(1) requires a covered entity to ensure that a contract or other arrangement required by §164.308(b)(3) Business Associate Contracts and Other Arrangements must meet the requirements of paragraph §164.314(a)(2)(i) Business Associate Contracts and §164.314(a)(2)(ii) Other Arrangements of this section, as applicable.

UBIT’s Business Associate contracts contain provisions to ensure that business associates comply with the applicable requirements of this subpart; any subcontractors that create, receive, maintain, or transmit ePHI on behalf of the business associate agree to comply with the applicable requirements of this subpart by entering into a contract or other arrangement that complies with this section; and business associates report to the UBIT any security incident of which it becomes aware, including breaches of unsecured protected health information as required by §164.410 Notification by a Business Associate.

This policy applies to all UBIT workforce members.

Workforce members: Adhere to all policies and procedures as written.

HIPAA Security and Privacy Officer: In conjunction with the Compliance Officer, the HIPAA Security and Privacy Officer ensures that UBIT’s Business Associate contracts contain provisions to ensure that business associates and their subcontractors comply with all of the applicable requirements of this subpart.

Compliance Officer: Ensures that UBIT’s Business Associate contracts contain provisions to ensure that business associates and their subcontractors comply with all of the applicable requirements of this subpart.

Date Approved: 12/6/2017