By Matt Fisher – How is HIPAA enforced? That may be a simple enough question, but it also contains more nuance than may initially be expected. Determining how HIPAA is enforced can depend upon how the term enforcement is viewed and interpreted.
By William O’Toole – To BA or not to BA? When a covered entity contracts with two vendors for interface software between the vendors’ systems each vendor is a business associate of the covered entity, no different than before the interface project.
By Matt Fisher – If an organization is involved in healthcare, whether as a provider, facility, consultant, vendor or in almost any other capacity, it is highly likely that HIPAA applies to internal operations and relationships with other parties.
By Greg Waldstreicher – A decade ago, there was very little noise in the healthcare industry about Business Associate Agreements. In fact, most professionals outside of legal and compliance departments had little knowledge of these important patient data protection directives.
By Chris Apgar – The Office of Civil Rights is in the midst of the latest round of HIPAA audits. If your organization is a business associate (BA) or a covered entity (CE) and it’s not already prepared, you have a challenge facing you.
By D’Arcy Gue – A HIPAA-related bomb hit the healthcare industry this summer. The Office of Civil Rights slapped a landmark penalty on a business associate to the tune of $650,000. This was the first ever penalty on a business associate.
By Matt Fisher – The HIPAA spotlight is beginning to shine brightly on business associates. Covered entities have long had their time to star, so it is only fair to share the stage now. It is likely that covered entities are only too happy to have the Office for Civil Rights and others focus attention on business associates with all the consequences that come with such attention.
By Mike Semel – The Office for Civil Rights announced that the new permanent audit program has started. On July 11 letters were sent BY E-MAIL (check your junk mail folders!) to 167 health plans, health care providers, and health care clearing houses (all HIPAA Covered Entities) notifying them that they have to send in documentation for a ‘desk audit.’ They will have 10 days to send in the required materials for review.
By Matt Fisher – Potentially lost in the week leading up to the July 4th holiday weekend, the OCR announced its latest HIPAA related breach settlement. The settlement is one of the first directed at a business associate and serves as a pointed reminder that business associates may be directly liable for the breaches that they may cause.
By Bob Grant – The HHS Office for Civil Rights released an updated Audit Protocol that it plans to use while investigating health care entities for HIPAA compliance. The biggest change to the audit protocol is the distinction that OCR has made between what’s required of Business Associates and Covered Entities.
By Andrew Hicks – Since the Anthem breach was made public earlier this year, there has been a host of commentary on everything from the need for more data encryption measures to the need for more accountability at the C-level of most health care organizations.
Indemnification: Is It Needed In A Business Associate Agreement? By Matthew Fisher Twitter: @matt_r_fisher The requirement for Covered Entities under the Health Insurance Portability and Accountability Act (“HIPAA”) to enter...
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