Business Associate Agreements – a First Look at Indemnification

A party’s responsibilities under HIPAA generally come from two sources – the law itself and the business associate agreement entered into between the covered entity (the health care provider or health plan) and the business associate (its vendor). While all parts of a business associate agreement are important, there are certain terms that are most likely to affect the parties’ liability and obligations. One of these key terms is , and it is often the section of the business associate agreement that lawyers most often fight over. Folks often wonder why lawyers tend to focus so much on this section, and the short answer is that when things go wrong–such…

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