§ 164.314(a)(2)(iii): The requirements of paragraphs (a)(2)(i) and (a)(2)(ii) of this section apply to the contract or other arrangement between a business associate and a subcontractor required by § 164.308(b)(4) in the same manner as such requirements apply to contracts or other arrangements between a covered entity and business associate.
Audit Inquiry
Does the business associate have policies and procedures in place regarding business associate contracts or other arrangements with its subcontractors such that the requirements of 45 CFR § 164.314(a)(2)(i)-(ii) would apply to the business associate and its subcontractors in the same manner as such requirements apply to a covered entity and its business associates?
Obtain and review business associate contracts entered into with subcontractors. Evaluate and determine if the business associate contracts require that the requirements of 45 CFR § 164.314(a)(2)(i)-(ii) would apply to the business associate and its subcontractor in the same manner as such requirements apply to a covered entity and its business associates.
Required/Addressable
Required