MAPS TO 45 CFR §164 · 23 QUESTIONS · FREE TEMPLATE
HIPAA Business Associate Security Assessment — 30 questions covered entities require
Before a covered entity signs a BAA, they send this assessment. The questions track directly to the HIPAA Security Rule safeguards — 45 CFR §§164.308, 164.310, 164.312, 164.316 — plus Breach Notification Rule timing.
The questionnaire — every question, inline
1. Administrative Safeguards (§164.308)
6 questionsPolicies, workforce, training, risk analysis.
1.1
Have you conducted a HIPAA Security Risk Analysis (§164.308(a)(1)(ii)(A)) in the past 12 months? Provide the executive summary.
Critical
1.2
Do you have a designated Security Official (§164.308(a)(2))? Provide name and title.
Critical
1.3
Describe your workforce sanction policy for HIPAA violations (§164.308(a)(1)(ii)(C)).
High
1.4
What is the frequency and content of mandatory HIPAA training for the workforce (§164.308(a)(5))? Last completion rate?
High
1.5
Describe your contingency plan: data backup, disaster recovery, and emergency-mode operation procedures (§164.308(a)(7)).
Critical
1.6
How are subcontractor BAs identified, vetted, and bound by downstream BAAs (§164.308(b))?
Critical
2. Physical Safeguards (§164.310)
3 questionsFacility, workstation, device controls.
2.1
Describe facility-access controls for any location that hosts ePHI (§164.310(a)(1)). Include badge, visitor, and cleaning-crew handling.
High
2.2
Workstation security policy — are screens auto-locked, encrypted, and unable to store local ePHI (§164.310(c))?
High
2.3
Device and media disposal — describe sanitisation method (NIST SP 800-88) and chain-of-custody records (§164.310(d)).
Critical
3. Technical Safeguards (§164.312)
5 questionsAccess, audit, integrity, transmission.
3.1
Unique-user IDs and automatic logoff configured for all systems handling ePHI (§164.312(a))?
Critical
3.2
Is ePHI encrypted at rest using FIPS 140-2/3 validated modules (addressable §164.312(a)(2)(iv))? Specify algorithms.
Critical
3.3
Is ePHI encrypted in transit (§164.312(e)(1))? Minimum TLS version?
Critical
3.4
Audit-log retention and review cadence for ePHI access (§164.312(b))? Minimum 6-year retention recommended.
High
3.5
Integrity controls in place to prevent improper alteration or destruction of ePHI (§164.312(c))?
High
4. Organizational & BAA Requirements (§164.314, §164.502)
3 questionsContract obligations and minimum necessary.
4.1
Will you sign the covered entity's standard BAA with downstream subcontractor flow-through (§164.314(a))? Provide your standard BAA template.
Critical
4.2
Describe how you enforce minimum-necessary access for workforce members handling ePHI (§164.502(b)).
High
4.3
How do you handle Right of Access requests forwarded from a covered entity (§164.524)? Maximum response time?
High
5. Breach Notification Rule (§164.400–414)
3 questionsTiming, content, and process for breach response.
5.1
Commit to a written breach-notification SLA to the covered entity. The Rule requires 'without unreasonable delay, no later than 60 days' — most CEs negotiate to 24–72 hours.
Critical
5.2
Describe your breach risk-assessment methodology — factors evaluated to determine notification-triggering breach vs low-probability of compromise (§164.402).
Critical
5.3
Provide a sample breach notification letter you would send to the CE.
High
6. Policies & Procedures (§164.316)
3 questionsDocumentation requirements.
6.1
How long are HIPAA-related policies, procedures, and audit records retained? Rule requires minimum 6 years (§164.316(b)(2)(i)).
Critical
6.2
What is the review cycle for HIPAA security policies? Last update date?
Medium
6.3
Are all policy acknowledgments by workforce members tracked and available on request?
Medium