In establishing the rule of application, HIPAA defined the rules under which companies and business partners concerned must comply with the Health and Human Services Department in each HIPAA Injury Investigation, in addition to the consequences and penalties for hipAA violations. (a) [optional] The entity concerned informs the counterparty of any restrictions (s) in the notice of the data protection practices of the covered entity in accordance with 45 CFR 164.520, as this restriction may affect the use or disclosure of health information protected by counterparties. As the common use of online health data and the use of digital and cloud memory increase, organizations within and within each other need an agreement from business partners to be able to work. [ii] U.S. Department of Health – Human Services (HHS.gov, Health Information Privacy). Available under www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/ccdh/index.html d) In accordance with the provisions of 45 CFR 164.502 (e) (1) (ii) and 164.308 (b) (2), all subcontractors that produce, receive, expect or transmit protected health information on behalf of the counterparty, if necessary, ensure the same restrictions, conditions and requirements that the counterparty applies with respect to this information; d) Survival. The counterparty`s obligations under this section also apply after the end of this agreement. Use our HIPAA business association agreement if your company has access to health information and asks a third party to process this information. The definition of a business partner is quite simple. According to the Department of Health and Human Services, a business partner is: (a) counterparties may only use or disclose protected health information, whereas it is almost always necessary for a counterparty to sign an agreement with an insured company when a counterparty creates, receives, maintains or transfers the ePHI on behalf of the insured company, if the company does not provide covered service to the covered business (i.e. a landscaper), or a counterparty.