Would a business associate contract in electronic form, with an electronic signature, satisfy the HIPAA Privacy Rule’s business associate 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 business associate 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.
Related Questions
- Under the HIPAA Privacy Rule, may a covered entity contract with a business associate to create a limited data set the same way it can use a business associate to create de-identified data?
- Would business associate contracts in electronic form, with an electronic signature, satisfy the HIPAA Privacy Rules business associate contract requirements?
- Would a BA contract in electronic form, with an electronic signature, satisfy the HIPAA Privacy Rules BA contract requirements?
