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164.308(b)(1) — Business associate contracts (R)

critical vendor-managementthird-party

Requirement

A covered entity may permit a business associate to create, receive, maintain or transmit electronic protected health information on its behalf only if it obtains satisfactory assurances, documented through a written business associate agreement, that the business associate will appropriately safeguard the information.

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
business associatebaabusiness associate agreement
Required element 2 — any one of
writtencontractagreementexecutedsatisfactory assurancecontractual
Supporting terms — specificity signals
subcontractorinventoryflow downbreach notificationreturn or destroyauditauditor
Contradiction markers

Finding any of these outranks coverage — a policy that admits the gap is worse than silence.

no baa no business associate agreements

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.28 Processors and processing agreements vendor-management third-party
CCPA/CPRA 1798.100(d) Contracts with service providers, contractors and third parties vendor-management third-party
SOC 2 CC9.2 Vendor and business partner risk management vendor-management third-party
ISO 27001 A.5.19 Information security in supplier relationships vendor-management third-party
PCI DSS 4.0.1 12.8 Third-party service provider management vendor-management third-party
GLBA 314.4(f) Oversight of service providers vendor-management third-party
NIST CSF 2.0 GV.SC-03 Supply chain risk management is integrated vendor-management third-party
NDPA 2023 s.29 Data processor engagement vendor-management third-party