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Business Associate Agreements

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Merry:
Very interesting discussion

PMRNC:
I ran across another discussion on Business Associate agreements recently that was definitely worth discussing about indemnification clauses in BAA's.
How many medical billing/practice management companies have an "indemnity" clause in their Business Associates agreement? Even though the CE is responsible for the BA Agreement, many times we have to have our clients sign one that we have drafted. But let's assume the CE puts forward a BAA that has an indemnity clause to protect them? Should we as BA's also include or negotiate a dual indemnity clause in our BAA's?
 I put up some sample clauses in our HIPAA area, I think it's definitely worth a discussion because many of the ingredients to a BAA are simply guidelines, indemnification clauses are certainly worth consulting our attorney's about.

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