Business Assoc Agreement (BAA) for HIPAA compliance?

Hello,

I would like to use JotForm for patient registration forms and consent forms to be filled out online. I have looked at others such as IntakeQ and LuxSci. So far, LuxSci has mentioned that JotForm is non-compliant with HIPAA policies.

I've read the link back in 2010 http://www.jotform.com/answers/4728-Are-form-submissions-HIPAA-compliant suggesting that JotForm can be used in a secure HIPAA compliant way. I agree with the safeguards. But, isn't BAA also necessary for HIPAA compliance in the US?

Thanks you.

Update (April 19, 2018) HIPAA is available for our Gold & Silver plan. 

https://www.jotform.com/hipaa/ 

JotForm certainly complies with the technical safeguard section of the HIPAA security rule:

However we have no compliance certificate for either HIPAA or BAA

Please read this thread, where I provided a more condensed explanation

http://www.jotform.com/answers/333046-is-JotForm-HIPAA-Compliant

Great news! JotForm now offers HIPAA compliance. This means users in the healthcare industry can use JotForm to collect sensitive patient information through consent and onboarding forms, medical history updates, online bill payments, and prescription refill requests. 

HIPAA-compliant forms require a Gold pricing plan, which is only $99 a month or a Silver pricing plan, which is $39 a month. A business associate agreement (BAA) is also available upon request.

For more information about our HIPAA-compliant forms, visit www.jotform.com/hipaa. 

Update: HIPAA is available for the Silver plan as well.