164.314(a)(2)(iii) Business Associate Contracts with Subcontractors
Organizational safeguard · Provision
The requirement as we hold it
Business Associate Contracts with Subcontractors. The requirements of paragraph (a)(2)(i) 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.
The examiner asks
- Show me that the same required provisions flow down to a subcontractor.
- Where is the flow-down clause in the subcontract?
Evidence to bring
- the subcontract clause
- the flow-down check
Source: 164.314(a)(2)(iii) at eCFR. Our statement of the clause, not the instrument verbatim.