News & Analysis as of October 18, 2024

Electronic Protected Health Information (ePHI)

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Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as business associates have expanded data protection obligations and duties. Essentially, a business associate under HIPAA is a person or entity that performs certain functions or services which necessitates exposure to protected health information on behalf of a covered entity. Typical business associate functions include: claims processing or administration, data analysis, billing, etc. less -

Insider Threats to Healthcare Data: What You Need to Know and 5 Steps You Can Take Now

Fisher Phillips on 5/22/2024

Healthcare data breaches are occurring more frequently and on larger scales than ever before – and while you defend against cyberattacks and other external threats, make sure you do not overlook the critical role your...more

[Event] Healthcare Privacy Compliance Academy - July 15th - 18th, Charlotte, NC

Health Care Compliance Association (HCCA) on 3/13/2024

Ideal for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy offers practitioners a deeper understanding of effective compliance management in a healthcare setting. The...more

Business Associate Victim of Ransomware Attack Pays $100,000 to HHS OCR

Brooks Pierce on 12/6/2023

Is your organization a business associate? You could be subject to enforcement action if you fail to protect health information within your control from ransomware attacks. In October, for the first time, the U.S....more

Business Associate Agrees to $100,000 Settlement Following Cyber Attack

Saul Ewing LLP on 11/9/2023

On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’...more

Business Associate Agreements: Requirements and Suggestions

Holland & Hart LLP on 10/20/2023

The HIPAA Privacy and Security Rules generally require covered entities (including most healthcare providers) to execute written agreements (“business associate agreements” or “BAAs”) with their business associates before...more

Top 5 Reasons to Remember Your Business Associate Agreements This Fall

Seyfarth Shaw LLP on 10/4/2023

As organizations begin renewing and entering into new contractual relationships for 2024, an oft-forgotten aspect of the contracting process is determining whether a Business Associate Agreement (a “BAA”) is required. Under...more

Safeguards in New National Network Include Insurance, App Mandates, Cybersecurity Council

Health Care Compliance Association (HCCA) on 2/14/2022

Report on Patient Privacy 22, no. 2 (February, 2022) - The new national health information network calls for a number of privacy and security safeguards and standards that, in some instances, exceed what HIPAA covered...more

2022 Outlook: More Dangerous Ransomware Coupled With Inadequate Security Practices

Health Care Compliance Association (HCCA) on 1/17/2022

Report on Patient Privacy 22, no. 1 (January, 2022) - As the COVID-19 pandemic enters its third year, real “security fatigue” with pandemic-related issues will combine with cybercriminals’ increasingly sophisticated...more

DOJ Announces New Initiative to Use False Claims Act to Enforce Compliance with Data Privacy and Security Laws and Contract...

Goodwin on 12/7/2021

The Department of Justice recently announced the launch of its new Civil Cyber-Fraud Initiative (the “Initiative”) which intends to use the False Claims Act to pursue “cybersecurity-related fraud by government contractors and...more

Gerry Blass on Healthcare Vendor Risk Management

Health Care Compliance Association (HCCA) on 10/28/2021

Healthcare risk doesn’t stop at the facility’s door. Covered entities have countless business associates (BA), each of which poses risks of its own. That, in and of itself, is a challenge, but Gerry Blass, President and CEO...more

Nick Culbertson on Compliance Breaches in Healthcare

Health Care Compliance Association (HCCA) on 7/15/2021

Preventing data breaches is a critical task for all businesses these days, but it’s especially so in healthcare. No one wants to see health information disclosed, and the risks of a ransomware attack are enormous, literally...more

OCR Investigator: Goal Is to Uncover ‘Root Cause,’ Remedy Harm From Violations

Health Care Compliance Association (HCCA) on 5/7/2021

Report on Patient Privacy 21, no. 5 (May 2021) - Given the hundreds of thousands of HIPAA covered entities (CEs) and business associates (BAs) and the two dozen or so enforcement actions the HHS Office for Civil Rights...more

[Virtual Event] 2021 25th Annual Compliance Institute - April 19th - 22nd, 9:30 am - 4:35 pm CDT

Health Care Compliance Association (HCCA) on 1/26/2021

The Compliance Institute is celebrating 25 years! Join us for the Compliance Institute's 25th anniversary, April 19-22, 2021. This year, HCCA is excited to celebrate over two decades of compliance excellence with our...more

Security Threats Soar From Nation-State Bad Actors as the New Year Gets Underway

Health Care Compliance Association (HCCA) on 1/13/2021

Report on Patient Privacy 18, no. 1 (January 2021) - Security threats to health care entities will continue to escalate in 2021, as bad actors with significant capabilities target pandemic-weary organizations still...more

Settlement Involves 'Dark Overlord' Hack, Tip by Breach-Tracking Journalist

Health Care Compliance Association (HCCA) on 10/16/2020

Report on Patient Privacy 20, no. 10 (October 2020) - September was quite the month for enforcement actions by the HHS Office for Civil Rights (OCR). The agency announced eight settlements totaling more than $10 million....more

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on 8/14/2020

Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

Despite COVID-19 Challenges, No Extension of Form CRS Compliance Date for Investment Advisers

Pillsbury Winthrop Shaw Pittman LLP on 4/16/2020

On April 7, 2020, the staff of the Office of Compliance Inspections and Examinations (OCIE) issued a risk alert (Alert) informing investment advisory firms of the potential areas of focus for Form CRS-related examinations. In...more

Report on Patient Privacy Volume 20, Number 3. Privacy Briefs: March 2020

Health Care Compliance Association (HCCA) on 3/19/2020

Report on Patient Privacy 20, no. 3 (March 2020) - As the new coronavirus, COVID-19, spreads across the United States, the HHS Office for Civil Rights (OCR) is reminding HIPAA covered entities and business associates that...more

No Good Deed Goes Unpunished: Reporting Business Associate’s HIPAA Breach Results in Liability for Covered Entity

Arnall Golden Gregory LLP on 3/10/2020

A recent Resolution Agreement between a solo practitioner physician practice and the U.S. Department of Health and Human Services Office for Civil Rights (OCR) reveals how complying with HIPAA by reporting a business...more

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Health Care Compliance Association (HCCA) on 2/13/2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

[Event] March Privacy Compliance Academy - March 9th - 12th, San Diego, CA

Health Care Compliance Association (HCCA) on 1/16/2020

Dive into a broad spectrum of topics affecting healthcare organizations. Explore the latest laws, regulations, and developments to help you effectively manage your organization’s privacy compliance program. Our Academies are...more

HHS Releases Guidance on Direct Liability for Business Associates Under HIPAA

Jones Day on 6/21/2019

The Situation: On May 24, 2019, the Department of Health and Human Services ("HHS") issued a new fact sheet clarifying business associates' direct liability for violations of the Health Insurance Portability and...more

HIPAA Updates: New Guidance for Business Associates and Continued Data Breaches

Mintz - Health Care Viewpoints on 6/10/2019

The HHS Office for Civil Rights (OCR) released a new guidance document regarding which HIPAA violations business associates (BAs) can and cannot be held directly liable for. In the guidance, OCR states that BAs can be held...more

Protecting LTC Residents' PHI: Eight Tips for Avoiding a Data Breach

Baker Donelson on 4/23/2019

Organizations that meet the definition of "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) must be diligent to maintain the privacy and security...more

Client Alert: The Lack of an Adequate HIPAA Security Risk Assessment is a Common and Costly Mistake by Healthcare Providers: What...

Shumaker, Loop & Kendrick, LLP on 4/22/2019

Health care providers and others who must comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) have specific requirements under the Security Rule to HIPAA when it comes to their mainte-nance...more

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