Business Associate Agreements (explained)

Audience: all

A Business Associate Agreement (BAA) is a key document that helps protect your personal health information when it is shared between healthcare providers and their partners. These agreements set rules to keep your data safe and private, especially when companies handle your health information electronically. BAAs are important because they ensure that anyone who accesses your health data follows strict privacy and security standards. Understanding BAAs can help you feel more confident about how your health information is managed and shared. This guide explains what BAAs are, why they matter, and what to expect when your healthcare provider works with other organizations under such agreements.

Red flags — go in person / ER

• You receive unexpected calls or messages asking for your health information — do not share details and report to your healthcare provider immediately.
• You notice suspicious activity on your health records, such as treatments or billing you did not receive — contact your provider to investigate.
• You are not informed about who has access to your health information or how it is protected — ask your healthcare provider about their privacy practices and BAAs.

What telemedicine can do

• Explaining the purpose and importance of Business Associate Agreements.
• Answering general questions about data privacy and security in healthcare.
• Providing guidance on how to protect your health information during telemedicine visits.

What telemedicine cannot do

• Reviewing or providing specific legal advice about BAAs.
• Accessing or managing your personal health information.
• Resolving disputes related to privacy breaches or data misuse.

What is a Business Associate Agreement?

A Business Associate Agreement (BAA) is a formal contract between a healthcare provider and a business associate — a person or company that handles protected health information (PHI) on the provider's behalf. This agreement outlines how the business associate must protect your health information and comply with privacy laws. Examples of business associates include billing companies, cloud service providers, and IT support firms.

Why are BAAs important?

BAAs help ensure that your sensitive health information is kept confidential and secure. They require business associates to use safeguards to prevent unauthorized access, use, or disclosure of your data. Without a BAA, your health information might be at higher risk of being mishandled or exposed.

What information do BAAs cover?

BAAs cover all protected health information that the business associate might access or manage. This includes medical records, billing information, and any other data that can identify you and relates to your health care. The agreement specifies how this information should be handled, stored, and shared.

Your rights and protections under BAAs

BAAs support your rights to privacy and control over your health information. They require business associates to report any breaches or unauthorized disclosures quickly. If a breach occurs, you may be notified and steps taken to reduce harm. Knowing that your healthcare providers have BAAs with their partners can give you peace of mind about your data privacy.

How BAAs relate to telemedicine

Telemedicine often involves sharing your health information electronically with various service providers. BAAs ensure that these partners protect your data during virtual visits, online communications, and digital record keeping. This helps maintain privacy and security even when care happens remotely.

How to prepare for your tele-visit

• Have a list of questions about your health information privacy ready.
• Know which healthcare providers or services you will be using.
• Prepare to ask about how your data is shared and protected.
• Ensure you have a secure internet connection for telemedicine visits.
• Have your identification and any relevant health documents available.

After your tele-visit

• Keep a record of your telemedicine visit and any privacy information provided.
• Monitor your health records for any unusual activity.
• Follow up with your healthcare provider if you have concerns about data privacy.
• Report any suspected privacy breaches to your healthcare provider promptly.
• Stay informed about your rights regarding health information privacy.

FAQs

What is a Business Associate Agreement (BAA)?

A BAA is a contract between healthcare providers and their partners who handle your health information. It sets rules to protect your data and ensure privacy.

Who are considered business associates?

Business associates can be companies or individuals that perform services involving your health information, such as billing companies, IT providers, or cloud storage services.

How does a BAA protect my health information?

It requires business associates to implement safeguards to prevent unauthorized access, use, or disclosure of your health data and to report any breaches.

Are BAAs important for telemedicine?

Yes. Telemedicine involves electronic sharing of health information, so BAAs help ensure that all parties involved protect your data during virtual care.

Can I see the BAA between my provider and their business associates?

BAAs are typically legal documents between organizations and not usually shared with patients. However, you can ask your healthcare provider about their privacy practices and how your data is protected.

Sources

1. Health Information Privacy — U.S. Department of Health and Human Services.
2. Protecting Personal Health Information in Telehealth — Centers for Disease Control and Prevention (CDC).
3. Understanding Health Information Privacy — MedlinePlus / U.S. National Library of Medicine.
4. Telemedicine and Privacy Considerations — Mayo Clinic.

This guide provides general information about Business Associate Agreements and health information privacy in telemedicine. It is not a substitute for professional legal advice or in-person medical care. If you have specific concerns about your health information or privacy, please consult your healthcare provider or a qualified legal professional.