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by lvh 2270 days ago
A BAA is a Business Associate Agreement. It's a standard HIPAA document where an entity with PHI (typically a Covered Entity, which is an entity specifically mentioned by HIPAA, such as e.g. a healthcare facility) effectively puts a vendor on notice: we may stuff PHI in your service, you agree to abide by this set of rules and regulations. A big one is that the vendor agrees to disclose when they've been breached, and the timeline on which that happens.

Even though a lot of online sources suggest BAAs are only for Covered Entities, that's not strictly speaking true. The standard form document doesn't require the buyer to certify they're a CE. It makes tons of sense for vendors of CEs, themselves bound by BAAs, to bind _their_ vendors to BAAs! If there's a decent chance your customers put PHI in your service, there's a decent chance they put PHI in your support system, and they don't really care if your support system is something in-house or Zendesk when that happens. There's also a good chance that PHI might end up in your logging system, and from there in your Slack instance, and... before you know it everyone's signed a BAA with everyone.

The life-hack consequence for that is that you can just collect BAAs from anyone who will sign them and now you have disclosure timeline guarantees.

2 comments

PHI: Protected Health Information.

I figured someone asking what BAA stands for doesn't necessarily know all the other acronyms.

Edit: Fixed definition!

Protected, not Personal.
Fixed, thanks!
> disclosure timeline guarantees.

depends on your definition of "guarantee".

what you really have is externalisation of risk.