164.314(a)(2)(ii) Other Arrangements (Government)
When a covered entity and its business associate are both governmental entities, the requirements may be met through an MOU or other law that accomplishes the objectives of paragraph (a)(2)(i).
8
artefacts
0
held by a system
3
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
none for this control
periodic reviewEvidence produced at each review
- Records of incidents reported under MOU · Document repository
- Annual review of MOU adequacy · Document repository
- Legal counsel sign-off on MOU sufficiency · Document repository
governing documentDocuments that govern the control
- MOU or memorandum of agreement for government entities · Vendor register / contract repository
- Citation of statute or regulation accomplishing equivalent objectives · Policy repository / GRC workspace
- Mapping of MOU clauses to 164.314(a)(2)(i) elements · Document repository
- Termination or modification procedures · HR system / LMS
- Inventory of government BAs · Policy repository / GRC workspace
First move
This control is evidenced by people and documents, not systems. Put the document under version control with an owner and review date, and log each review as a record with reviewer and date. Do not try to automate it.
Common gaps auditors find
- MOU lacks required reporting obligations
- Alternative legal mechanism not validated
- No mapping to required elements
- Inventory of government BAs absent
- MOU expired or unsigned
- Legal counsel sign-off missing
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)(2)(i) Business Associate Contract Required Provisions · 164.314(a)(2)(iii) Business Associate Contracts with Subcontractors