EvidenceSheet

164.314(a)(2)(i) Business Associate Contract Required Provisions

The contract between a covered entity and a business associate must provide that the business associate will comply with the applicable Security Rule requirements, ensure subcontractors comply, report security incidents including breaches, and authorize termination by the covered entity if the business associate violates a material term.

Source: HIPAA Security Rule, 164.314(a)(2)(i). 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.

8
artefacts
0
held by a system
2
at each review
hard
to go live
Document 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

  • Periodic BAA compliance reviews · Document repository
  • Records of incidents reported by BAs · Document repository

governing documentDocuments that govern the control

  • BAA template with required clauses traceable to 164.314(a)(2)(i) · Document repository
  • Incident reporting requirements and SLAs · Document repository
  • Subcontractor flow-down clause · Document repository
  • Termination for cause clause · HR system / LMS
  • BA breach notification timelines tied to 164.410 · Document repository
  • Termination events and outcomes · HR system / LMS

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.

Build my evidence sheet

164.314(a)(1) Business Associate Contracts or Other Arrangements (Standard) · 164.314(a)(2)(ii) Other Arrangements (Government)