Use the Bonterms Business Associate Agreement (BAA) to establish HIPAA-compliant responsibilities when a service provider may create, receive, maintain, or transmit Protected Health Information (PHI). The BAA can be implemented using a Bonterms Cover Page, as a standalone signable agreement, or as an attachment to an existing agreement.

Option 1: Bonterms Business Associate Agreement - Cover Page Version

Use this version if you wish to enter into the BAA using a separate Cover Page.

Steps:

1. Review the BAA (Cover Page Version) with your lawyer or legal counsel (see example)

2. Prepare your Cover Page (see example):

   • Identify your parties: Customer and Business Associate

   • Complete the Key Terms: Main Agreement and BAA Effective Date

   • Propose any Additional Terms (additons to, or modifications of the BAA)

3. Send the Cover Page to your counterparty

4. Negotiate and Sign to create your BAA!

Option 2: Bonterms Business Associate Agreement - Signable Version

Use this version if you wish to enter into the BAA by signing the BAA itself.

Steps:

1. Review the BAA (Signable Version) with your lawyer or legal counsel (see example)

2. Complete the document fields:

   • Identify your Parties: Customer and Business Associate

   • Complete the Key Terms: Main Agreement and BAA Effective Date

   • Propose any Additional Terms (additions to, or modifications of the BAA)

   • Negotiate and Sign to complete your BAA!

Option 3: Bonterms Business Associate Agreement - Attachment Version

Use this version if you wish to attach the BAA to an existing agreement or include it when signing a new agreement.

Steps:

1. Review the BAA (Attachment Version) with your lawyer or legal counsel (see example)
2. Prepare implementing language to add to the Main Agreement (if new) or an amendment (for existing Main Agreements) that specifies:

   • Parties: Customer and Business Associate

   • Main Agreement refrence - the agreement into which the BAA is incorporated

   • BAA Effective Date
   • Propose any Additional Terms (additions to, or modifications of the BAA)
     • Example: "The parties agree that the Bonterms Business Associate Agreement Version 1.0 (Attachment Version) attached as Exhibit [X] is incorporated into and forms part of this Agreement. For purposes of the BAA, [Party Name] shall be the 'Customer' and [Party Name] shall be the 'Business Associate'. The BAA Effective Date shall be [date]. [Include any Additional Terms if needed]."
   • Negotiate and Sign to complete your BAA!

FAQs for the BAA

What is the Bonterms BAA?

• The Bonterms BAA is a Standard Agreement version of a Business Associate Agreement. It is designed to be incorporated into a broader SaaS or services agreement between the parties (the Main Agreement) and is implemented using a Cover Page.

What is a BAA used for?

• A Business Associate Agreement (BAA) is required under HIPAA when a covered entity shares protected health information (PHI) with a SaaS provider or other "business associate." The BAA governs how PHI may be used, disclosed, and safeguarded. You can read more about Business Associate Agreements here

What is the Main Agreement?

• The Main Agreement is the separate agreement under which the Business Associate provides services to the Customer. The Bonterms BAA is incorporated into the Main Agreement as described in Section 6.2 of the BAA (Incorporation into Main Agreement)

Why are there three versions of the BAA?

• Bonterms offers three versions of the BAA to support different contracting workflows. You can implement the BAA as:

  • An attachment to an existing agreement (Attachment Version)

  • A standalone signable document (Signable Version)

  • A document implemented through a Cover Page (Cover Page Version)

Are there substantive differences between the three versions of the BAA?

• No. All versions of the BAA share the exact same core sections - Role of the Parties, Obligations of Business Associate, Obligations of Customer, Term and Termination (Sections 2-5) - and differ only in how they are implemented. Choose the version that best fits your contracting process.

Updated April 13, 2026 15:08