FIR Business Associate Agreement (BAA)

Please read:

  • You only need to submit a BAA if you are a new parent organization or you have never submitted a BAA.
  • If you have an existing Transaction Facilitator BAA and you have new contract IDs you need to complete an Implementation form to add the new contract IDs to your existing BAA.
  • If you have a BAA in place, and you have not added any new contract IDs you do not need to do anything as the existing BAA will cover your contracts.

All Plans must have a signed Business Associate Agreement (BAA) with the Transaction Facilitator. While not all plans receive FIRs (TrOOP Balance Transfers) all Plans are required to coordinate benefits and as such receive Nx (Supplemental payment transactions) and will begin receiving Nx Reject Reports starting the first quarter of PY2015. Because these transactions and reports contain PHI, you must have a BAA in place with the Transaction Facilitator.

NDCHealth dba as RelayHealth and CMS have developed a new standardized Business BAA that addresses the final HITECH rule, that must be executed by Part D Plans and the Transaction Facilitator to be compliant with the HIPAA Privacy Rule (45 CFR Parts 160 and 164). Customization of the standardized BAA will be allowed only where state law, rules or other regulatory requirements exist.

Each year, CMS requires plans to attest on the Annual Readiness Assessment, under section J. Coordination of Benefits (COB) and Automatic TrOOP Balance Transfer, whether your organization executed a business associate agreement (BAA) with RelayHealth. RelayHealth compares the results of each annual attestation to contracts that are on file and provides CMS a list of those contract IDs that do not have an executed BAA.

If you currently have a BAA with the Transaction Facilitator and you are adding or acquiring additional Part D Contract IDs, a new BAA is only required if the legal entity on the BAA is not the legal entity for the new contract ID.

If the Plans being added are covered by your existing BAA, please complete the Implementation Form only to notify the Transaction Facilitator of the new plans you would like to include under the existing BAA.

If you have not signed a current Business Associate Agreement (BAA), please follow the directions below:

Business Associate Agreement Submission

  1. Print and complete the Implementation form in its entirety (either online or by hand) and sign and date the Business Associate Agreement found here: Transaction Facilitator BAA.
  2. Return the documents to our Legal Department via one of the methods below:


Include a scanned version of the Implementation form and a signed and dated Transaction Facilitator BAA agreement

Mail: include two signed and dated BAAs if mailing hard copies and the implementation form

NDCHealth d/b/a RelayHealth
Attn: LEGAL: TBTBAA Department
5995 Windward Parkway
Alpharetta, GA 30005

Fax: (916) 267-6420

Please complete and attach the Fax Cover Page.

The Business Associate Agreement must have a handwritten signature and must be dated.