EvidenceSheet

164.308(b)(2) Subcontractor Arrangements

A business associate may permit a business associate that is a subcontractor to create, receive, maintain, or transmit electronic protected health information on its behalf only if the business associate obtains satisfactory assurances, in accordance with 164.314(a), that the subcontractor will appropriately safeguard the information.

Source: HIPAA Security Rule, 164.308(b)(2). The statement above is our statement of the clause, read from the published text and cited so you can check it against the official text, not the instrument verbatim. Open HIPAA Security Rule in the compliance library.

Applies to covered entities and business associates. An addressable specification can be met by a documented, reasonable alternative.

5
artefacts
0
held by a system
2
at each review
hard
to go live
Vendor register / contract repository
where the evidence lives
teal = a system already holds it · olive = produced at each review. To go live: easy when half or more of the artefacts are already held by a system, moderate from a quarter to a half, hard below a quarter.

These are the artefacts auditors commonly ask for on this requirement, our guidance rather than text from the standard. Your assessor decides what is sufficient in your context, and asks for samples across the period when a report covers one.

system holds itEvidence a system already holds

none for this control

periodic reviewEvidence produced at each review

  • Evidence the assurances obtained are equivalent to those the business associate provided to the covered entity · Document repository
  • Records of action taken where a subcontractor was known to have breached the assurance, including termination or reporting · HR system / LMS

governing documentDocuments that govern the control

  • Inventory of subcontractors that create, receive, maintain or transmit electronic protected health information on the business associate's behalf · Policy repository / GRC workspace
  • Executed written agreements with each subcontractor containing the satisfactory assurances required · Vendor register / contract repository
  • Due diligence records supporting the assurance, such as security assessments or attestations, rather than the contract alone · Vendor register / contract repository

First move

No system holds this evidence for you: it is people and documents. Reminders and routing to the owner still save time. Put the document under version control with an owner and review date, and log each review as a record with reviewer and date.

Common gaps auditors find

Do this for your whole sheet

Paste the rows you run your controls from and get this mapping for every control at once, with the periodic-review ones flagged and a first move per row. No account for the first run.

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164.308(b)(1) Business Associate Contracts and Other Arrangements (Standard) · 164.308(b)(3) Written Contract or Other Arrangement