Data Use Agreement and HIPAA: What You Need to Know
The protection of personal health information (PHI) is a top priority for healthcare organizations. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting PHI. But what about when third-party companies are involved? That`s where a data use agreement (DUA) comes in.
What is a data use agreement?
A data use agreement is a binding contract that establishes the terms and conditions under which protected health information (PHI) may be used or disclosed for a specific purpose. A DUA is typically required when a covered entity (e.g. a healthcare provider) wishes to share PHI with a third party, such as a research organization or a business associate.
What is HIPAA?
The Health Information Portability and Accountability Act (HIPAA) is a federal law that establishes national standards for protecting PHI. The HIPAA Privacy Rule governs the use and disclosure of PHI by covered entities and their business associates. The Privacy Rule sets strict requirements for the collection, use, and disclosure of PHI.
How do DUAs and HIPAA work together?
Under HIPAA, covered entities are required to enter into binding contracts called business associate agreements (BAAs) with their business associates. A BAA establishes the terms and conditions under which the business associate may use or disclose PHI on behalf of the covered entity. A DUA is similar to a BAA but is used when covered entities want to share PHI with entities that are not their business associates.
The DUA must specify the purpose for which the PHI will be used and the safeguards that will be in place to protect the privacy and security of the PHI. The DUA must also specify that the entity receiving the PHI must comply with HIPAA`s Privacy Rule and Security Rule.
What are the key provisions of a DUA?
There are several key provisions that should be included in a DUA:
– Purpose: The DUA should clearly state the purpose for which the PHI will be used.
– Privacy and Security: The DUA should specify the safeguards that will be in place to protect the privacy and security of the PHI.
– Compliance with HIPAA: The DUA should specify that the entity receiving the PHI must comply with HIPAA`s Privacy Rule and Security Rule.
– Termination: The DUA should specify the conditions under which the agreement can be terminated.
– Liability: The DUA should specify the liability of each party in case of a breach of the agreement.
Conclusion
A data use agreement (DUA) is a binding contract that establishes the terms and conditions under which protected health information (PHI) may be used or disclosed for a specific purpose. A DUA is required when covered entities wish to share PHI with entities that are not their business associates. The DUA must specify the purpose for which the PHI will be used, the safeguards that will be in place to protect the privacy and security of the PHI, and the entity receiving the PHI must comply with HIPAA`s Privacy Rule and Security Rule. By establishing clear terms and conditions for the use and disclosure of PHI, DUAs help ensure that sensitive health information remains protected.