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.
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
Common gaps auditors find
- Incident reporting SLA missing or longer than reasonable
- Subcontractor flow-down not enforced
- Termination clauses never exercised
- BA breach reports late or incomplete
- BAA does not require Security Rule compliance explicitly
- Compliance reviews skipped
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 sheet164.314(a)(1) Business Associate Contracts or Other Arrangements (Standard) · 164.314(a)(2)(ii) Other Arrangements (Government)