New Customers of Therap will occasionally ask us to sign the provider’s drafted or created HIPAA Business Associate Agreements or similar documents. These Business Associate Agreements have been developed by attorneys across the United States and the legal language and content does very significantly from provider to provider. Many providers are unaware that the Therap User Agreement does already contain a complete Business Associate Agreement, which has been developed and reviewed and agreed to by hundreds of agencies and states governments. We are unable to negotiate, and revise separate Business Associate Agreements for each provider agency.
Agency Customers and Users of Therap Services sign several agreements with Therap as part of their initial use of Therap. These cover a range of topics including a HIPAA Compliance Agreement and a Business Associate Agreement.
These documents were drafted by our counsel partly to help ensure compliance with federal, HIPAA, HITECH and ARRA regulations for Therap and customers of Therap.
We believe that our legal agreements serve as required Business Associate Agreements and cover the points both required and relevant to the services we provide.
Our pricing and structure is based on agencies using our legal agreement. Many agencies have asked us to sign their own business associate agreements, and many of these would need legal and wording changes to comply with the actual facts of how our electronic documentation system operates.
There would be legal and operational costs to Therap for reviewing and negotiating individual agency legal agreements. Therap currently serves more than 500 agencies, each of which could theoretically have its own agreement and request legal review.
If agencies feel that our legal agreements are missing legally required HIPAA or Business Associate language – we would be happy to discuss. If agencies want Therap to review and/or sign their business associate agreements we cannot do that as part of our current pricing and service structure.