What's covered and who pays?

Here are the key reasons why indemnification provisions are essential for agencies:

Safety shields: Indemnification clauses are like shields, protecting one party if the other has an issue. If someone wrecks your car, they might have to pay fines or legal fees.

Sharing the risk: The person who drives or, in the case of your BAA, handles your PHI is the responsible party. Your BAA must clearly define who is accountable to protect your organization.
Reminders: Indemnification clauses remind your contractors to follow HIPAA's Rules and protect the PHI you've entrusted to their care.

Breach notification: The BAA needs to inform everyone immediately about an issue and help clean up the mess as best as possible. Breach mitigation could mean telling the affected parties and/or financially stepping up to pay for credit monitoring.

Indemnification clauses in HIPAA-related contracts are essential in outlining responsibilities and safeguarding parties against legal liabilities. Reviewing your BAA to ensure it has the proper provisions to protect your organization if there is a breach is imperative. If you haven't checked your BAAs recently, now is the time to review and renew those agreements and ensure they protect your organization and livelihood.

Instant Insights /

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