One Click

One Click Contract: Business Associate Agreement

1 Click - Business Associate Agreement-16

Each week, PactSafe will discuss and post about specific standardized agreements and how they can be turned into one-click contracts. Last week, we covered Data Processing Agreement. This week, we're focusing on the Business Associate Agreement: what it is, why its typical signing method isn't ideal, and how it can be turned into a one click contract on the PactSafe platform.

Related: One Click Contract: Separation and Release Agreement

What is a 1-click contract?

A one click contract is like any other contract, but it’s presented in a way that allows the person signing it to do so by simply clicking on it. With very few exceptions, any contract can be signed with a single click on a website, from a phone, in an email — anywhere you meet your customers digitally, you can deliver a 1-click contract

What is a Business Associate Agreement (BAA)?

A Business Associate Agreement (BAA), also known as a Business Associate Contract, is a written agreement that details the contracting parties’ responsibilities to protected health information (PHI). The Health Insurance Portability and Accountability Act (HIPAA) requires Covered Entities to only work with Business Associates who assure that they will completely protect any PHI they come into contact with. This assurance must be in writing, so Covered Entities meet this requirement by executing BAAs with any Business Associates.

Refresher on HIPAA terminology:

  • Covered Entities are healthcare providers, health plans, and healthcare clearinghouses that transmit PHI electronically.
  • Business Associates are entities that are provided access to PHI to perform services for a covered entity.

Related Content: How to Adjust Your Healthcare Business to COVID-19 Changes

Who signs it?

Covered Entities, Business Associates, and any subcontractors to Business Associates.

How is it typically signed?

BAAs are typically signed in person or electronically. If signed electronically, BAAs are signed either by back and forth email or by using an e-signature provider. In either case, the document usually has signature, date, and initial fields to be filled out by those signing. This takes time.

Why is this signing method not ideal?

Signing in person is time consuming, as is signing by sending the document via email and requiring either a squiggly or typed signature. These methods also leave the door open for red-lining, which isn’t optimal for Covered Entities that likely want all of their BAAs among the different vendors to be uniform.

Check out PactSafe's Contactless Contracts and Policy Kit

How to turn BAAs into a 1-click Contract

How does a BAA work as a 1-click contract?

The sender can fill out all of the necessary information about the signer beforehand, leaving the fields open for the signer to change if needed. This enables the signer to just check that the information is accurate and click agree.

Why does a BAA work better as a 1-click contract?

Presenting a BAA as a standardized, 1-click contract will lead to less redlining, maybe even none. This in turn will lead to more uniformity among the BAAs for the different vendors the Covered Entity has. It’s also much faster to sign BAAs this way.

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Is a 1-click contract legally binding?

1-click contracts are absolutely binding. Also known as “clickwraps,” courts have enforced millions of contracts accepted by a single click. PactSafe’s platform was built to help ensure 1-click contracts are created in compliance with all the best practices established in 1000’s of court cases over the past 20+ years.

Throughout the pandemic, PactSafe has been providing contactless ways of enabling remote contract experiences for several industries. To learn more, check out PactSafe's Contactless Contracts and Policy Kit.

Contactless Contract and Policy Kit

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