164.308(b)(3) Written Contract or Other Arrangement
Document the satisfactory assurances required by paragraph (b)(1) of this section through a written contract or other arrangement with the business associate that meets the applicable requirements of 164.314(a).
8
artefacts
1
held by a system
1
at each review
hard
to go live
Document repository
where the evidence lives
teal = a system already holds it · olive = produced at each review
system holds itEvidence a system already holds
- Contract version history · Vendor register / contract repository
periodic reviewEvidence produced at each review
- Legal review records for BAA negotiations · Document repository
governing documentDocuments that govern the control
- Standard BAA template aligned to 164.314(a) · Policy repository / GRC workspace
- Executed BAAs stored in contract repository · Policy repository / GRC workspace
- Alternative arrangement documentation where BA is a government entity · Document repository
- Mapping of contract clauses to 164.314(a) requirements · Vendor register / contract repository
- Retention of BAAs for 6 years post-termination · HR system / LMS
- Subcontractor BAAs · Document repository
First move
Mostly documents and reviews. Pull the 1 system-held artefact from your Vendor register / contract repository on a schedule; put the documents under version control with an owner and review date, and log each review as a dated record with a named reviewer.
Common gaps auditors find
- BAAs missing required Security Rule clauses
- Verbal or implied arrangements without writing
- Legacy BAAs from pre-Omnibus Rule never updated
- Government arrangement alternatives undocumented
- BAA records not retained after termination
- Templates not updated when Rule changes
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.
Build my evidence sheet164.308(b)(2) Subcontractor Arrangements · 164.310(a)(1) Facility Access Controls (Standard)