Q&A: Business associates and their subcontractor agreements

Q: I work for a small hospital. Do we need to ask our business associates (BA) to provide us with copies of their agreements with their BA subcontractors?

A: No. You must have written agreements with your BAs. Those agreements may require the BA to have written agreements with their BA subcontractors. You may request copies of subcontractor agreements from the BA if you want to verify the BA’s compliance with your agreement, but you are not required to keep the BA’s subcontractor agreements on file.

Editor’s note: Question answered by Mary Brandt, a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Associate Editor Heidi Samuelson at hsamuelson@hcpro.com.