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What is the difference between a Trading Partner Agreement and a Business Associate Agreement and can they be combined?

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What is the difference between a Trading Partner Agreement and a Business Associate Agreement and can they be combined?

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Covered entities must enter into a business associate agreement with all third parties that perform services on their behalf. Business associate agreements are required under HIPAA in order to ensure the privacy of protected health information (“PHI”). A trading partner (used in the context of HIPAA) is related to the exchange of electronic information between entities. Because the HIPAA transactions are required to be transmitted in very specific ways, many times it is a good idea to have written agreements as to how each party will carry out its end of the transaction. A trading partner agreement establishes the terms for electronic transfer of information between entities, ensuring a hand off of accountability between trading partners who are covered entities. There is a definition of trading partner agreement found in the HIPAA Regulations. It states: “Trading partner agreement means an agreement related to the exchange of information in electronic transactions, whether the agreeme

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