Standard:
YALE-MSS-1.3: Ensure appropriate contracts for all third-party relationships are in place
YALE-MSS-1.3.2: A Business Associate Agreement (BAA) is in place
Details
A Business Associate Agreement (BAA) is required when Yale University discloses PHI to a business associate. It is also required when Yale allows a business associate to create or receive PHI on its behalf.
University HIPAA Policy defines a Business Associate as an entity or person who performs a function involving the use or disclosure of Protected Health Information (PHI) on behalf of a covered entity (such as claims processing, case management, utilization review, quality assurance, billing) or provides services for a covered entity that require the disclosure of PHI (such as legal, actuarial, accounting, accreditation).
Whether an entity is serving as a business associate is determined through HIPAA definition and Policy 5033.
Contact the University HIPAA Privacy Office to determine if a BAA is already in place with a vendor or if one is needed.