I strongly urge every covered entity and business associate faced with a Business Associate Agreement that includes indemnification provisions to read Michael Kline’s “List of Considerations” before signing.  Michael’s list, included in an article he wrote that was recently published in the American Health Lawyers Association’s “AHLA Weekly” and available here, highlights practical and

A party (Party) to a HIPAA Business Associate Agreement (BAA) or Subcontractor Agreement (SCA), whether a covered entity (CE), business associate (BA) or  subcontractor (SC), may struggle with the question as to whether to agree to, demand, request, submit to, negotiate or permit, an indemnification provision (Provision) respecting the counterparty (Counterparty) under a BAA or