Checklist · Health & Medical Law

Business associate subcontractor assurance checklist

Checklist for satisfactory assurances when a business associate uses a subcontractor, and for the other arrangements in 45 CFR 164.504(e)(3). It is not the subcontract.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when a business associate is about to let another person create, receive, maintain, or transmit protected health information on its behalf. Do not use it as the subcontract or as a data use agreement.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

Yellow: the lawyer decides whether the writing meets 45 CFR 164.504(e) before information is shared.

AI may

  • List the subcontractor assurance required by 45 CFR 164.502(e)(1)(ii) and 164.504(e)(5).
  • List the other-arrangement paths in 164.504(e)(3) as questions, without completing them.
  • Record a failed attempt to obtain assurances, if the lawyer supplies the facts.

AI must not

  • Do not sign a subcontract or a memorandum of understanding.
  • Do not restate 45 CFR 164.314 or 164.514(e). Those sections were not opened.
  • Do not decide that return or destruction of information is not feasible.
  • Do not treat a limited data set as compliant without a data use agreement the lawyer has read.

The lawyer checks

  • Name the subcontractor and the function from the engagement.
  • Read 164.314 before using a security-rule arrangement.
  • Read 164.514(e) before relying on a limited data set.
  • Keep any omitted termination term inside the statutory-obligation path in 164.504(e)(3)(iii).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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