These instructions tell you how to customize and execute the sample amendment for HIPAA business associate contracts you may have in order to comply with new requirements for business associates under the Health Information Technology for Economic and Clinical Health Act (HITECH Act). For further information see The Next HIPAA Change: Business Associates Will Have to Comply Directly..
A. Customizing the Amendment/Optional Provisions
Brackets indicate text for you to fill in. Italics at the start of the form indicate instructions on what to fill in.
Section 1(A) of the Additional Contract Terms in the amendment is the only one specifically required by HITECH. We strongly recommend that you have your business associates also agree to Section 1(B). Other Additional Contract Terms are advisable in light of the changes under HITECH.
(1) If you used the Model Business Associate Contract provided with HIPAA for Psychologists (the Privacy Rule compliance product by the APA Practice Organization and APA Insurance Trust). In paragraph 11(b) of that contract, your business associate has already agreed to amend that Business Associate Contract as necessary to comply with the requirements of HIPAA. If a business associate is reluctant to sign the attached amendment, you can remind them of their agreement to facilitate your HIPAA compliance by amending the Business Associate Contract as necessary.
(2) If you used another Business Associate Contract. You will need to delete or modify the second introductory paragraph in the amendment, which refers to Paragraph 11(b) of the HIPAA for Psychologists Business Associate Contract. You may want to consider, or have a lawyer consider, how the provisions of your Business Associate Contract align with the attached amendment.
(3) If you do not already have a Business Associate Contract in place for HIPAA compliance, but need to have such a contract, you previously could obtain one designed for psychologists by purchasing HIPAA for Psychologists. Unfortunately, that course has been discontinued, but a new HIPAA compliance product will be available in 2018.
C. Executing the Amendment
Once you have modified the Amendment as described in Section A, you should send the Amendment (without these instructions) to your Business Associate(s) to sign and date. When you receive the signed copy, you should sign, date and fill out the same information on the signature lines for COVERED ENTITY. You should keep the executed copy of the Amendment with the Business Associate Contract that it amends.
PLEASE NOTE: These instructions and the sample amendment are not intended as legal advice. Legal and regulatory issues are complex and highly fact-specific and require legal expertise that cannot be provided by such a generalized document. This information should not be used as a substitute for obtaining personal legal advice and consultation prior to making decisions regarding individual circumstances.