Would a BA contract in electronic form, with an electronic signature, satisfy the HIPAA Privacy Rules BA contract requirements?
Yes, assuming that the electronic contract satisfies the applicable requirements of State contract law. The Privacy Rule generally allows for electronic documents, including BA contracts, to qualify as written documents for purposes of meeting the Rule’s requirements. However, currently, no standards exist under HIPAA for electronic signatures. In the absence of specific standards, covered entities must ensure any electronic signature used will result in a legally binding contract under applicable State or other law.
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