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PLAYBOOK TEMPLATES

HIPAA Business Associate Agreem

A HIPAA Business Associate Agreement establishes privacy and security obligations for handling protected health information. This playbook reviews compliance controls, breach notification, and indemnification provisions.

Insurance Requirements

Why This Matters: Appropriate insurance mitigates financial exposure from third-party claims, accidents, or performance failures.

Negotiation strategy

If you're the Covered Entity:

Ensure the clause includes comprehensive insurance types and adequate coverage limits. Insist on being named as an additional insured to protect against potential liabilities.

If you're the Business Associate:

Negotiate for reasonable coverage limits that align with industry standards. Ensure the insurance requirements are feasible and certificates can be provided without undue burden.

Essential elements

1

Insurance Types

Specify required insurance types.
2

Coverage Limits

Define minimum coverage limits.
3

Proof of Insurance

Require certificates of insurance.

Action framework

ACCEPT

Propose edits if coverage limits are insufficient or if specific insurance types are missing.

EDIT

Reject if the clause fails to include essential insurance types or adequate coverage limits.

ADD

Add language for sector-specific insurance types if not present.

PRO TIP

Always verify that insurance coverage aligns with both industry standards and specific project risks.

Real-world examples

FAVORABLE

Comprehensive Insurance Clause

"Each party shall maintain general liability and professional indemnity insurance with coverage limits of [specify limits]. Both parties shall be named as additional insured, and certificates of insurance shall be provided annually."
NEUTRAL

Basic Insurance Clause

"Parties shall maintain insurance coverage as mutually agreed, with certificates provided upon request."
UNFAVORABLE

Insufficient Insurance Clause

"Parties may maintain insurance at their discretion, without specific coverage limits or proof requirements."

Alternative scenarios & positions

High-Risk Projects

For high-risk projects, ensure higher coverage limits and additional insurance types like product liability are included to mitigate increased risks.

International Operations

When operating internationally, consider local insurance requirements and adjust coverage to comply with foreign regulations.

Small-Scale Contracts

For smaller contracts, negotiate for proportional insurance requirements to avoid unnecessary costs while maintaining adequate protection.

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WEEK 1
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WEEK 2
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WEEK 3
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WEEK 4
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