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.
Why This Matters: Transparent payment terms protect cash flow and minimize disputes over invoicing and financial obligations.
Negotiation strategy
If you're the Covered Entity:
Ensure payment terms are clear and align with cash flow needs. Negotiate for favorable interest rates on late payments to protect financial interests.
If you're the Business Associate:
Propose flexible payment schedules to accommodate the provider's billing cycles. Ensure pricing adjustments are justified and transparent.
Essential elements
1
Payment Schedule
Defines timing of payments.
2
Invoicing Procedures
Details invoice submission process.
3
Pricing Adjustments
Outlines conditions for price changes.
Action framework
ACCEPT
Propose edits if payment timelines are unrealistic or lack clarity.
EDIT
Reject clauses that impose unfair penalties or lack transparency.
ADD
Add clauses for missing payment terms or pricing adjustments.
PRO TIP
Always ensure payment terms are specific and include remedies for late payments.
Example clauses
FAVORABLE
Preferred Payment Terms
"Payments shall be made within 30 days of invoice receipt. Late payments will incur a 1.5% monthly interest charge."
NEUTRAL
Standard Payment Terms
"Payments are due within 30 days of invoice receipt."
UNFAVORABLE
Unclear Payment Terms
"Payments are due upon receipt of invoice, with no specified timeline."
Fallbacks
High-Volume Contracts
In high-volume contracts, ensure payment terms accommodate bulk invoicing and potential discounts for early payments.
International Transactions
For international deals, consider currency fluctuations and include clauses for exchange rate adjustments.
Long-Term Agreements
In long-term agreements, include periodic reviews of payment terms to adjust for market changes.
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WEEK 3
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