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Business Associates › Data Breach › Protected Health Information

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... more +
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 -
McGuireWoods LLP

Ounce of Prevention: Are You Keeping Track of Your Business Associate Agreements’ Requirements?

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Applicable Provider Types: All - Is Your Entity in Compliance? The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009...more

Fisher Phillips

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

Fisher Phillips on

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

BakerHostetler

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

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On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

Holland & Hart LLP

Business Associate Agreements: Requirements and Suggestions

Holland & Hart LLP on

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

Seyfarth Shaw LLP

Top 5 Reasons to Remember Your Business Associate Agreements This Fall

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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

Dorsey & Whitney LLP

HHS OCR Settles HIPAA Investigation with Business Associate for $350,000

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Over the past decade, the number of health care data breaches reported to the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) has increased dramatically. From 2009 to 2022, over 5,000 data...more

Health Care Compliance Association (HCCA)

One Security Guard, One Container: Find Unravels Derm Practice's Disposal Failure

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 22, no. 9 (September, 2022) - When recommending best practices, federal privacy and security officials stress that organizations need to follow their protected health information (PHI) wherever...more

Health Care Compliance Association (HCCA)

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

2022 Outlook: More Dangerous Ransomware Coupled With Inadequate Security Practices

Health Care Compliance Association (HCCA) on

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

Goodwin

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

Goodwin on

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

Health Care Compliance Association (HCCA)

FBI: More Awareness, Due Diligence Needed To Fight China in New ‘Space Race’ for Data

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21, no. 10 (October, 2021) - Conducting a risk analysis is a basic tenet of security compliance, with the overarching goal of understanding where protected health information (PHI) “lives” in an...more

Health Care Compliance Association (HCCA)

Nick Culbertson on Compliance Breaches in Healthcare

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

After a Breach Is Too Late: Ensure BA, Subcontractor Compliance Now

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21, no. 3 (March 2021) - Sometime during the fall, a worker for a subcontractor of Humana Inc. decided to share actual member information from medical records via a Google document with people he...more

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on

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

Health Care Compliance Association (HCCA)

Big Breaches, Down in First Half of 2020, Show Role of BAs; Increase May Be Coming

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 7 (July 2020) - During the first six months of this year, 228 breaches affecting 500 or more individuals were reported to the HHS Office for Civil Rights (OCR), and of the top 20, five...more

Arnall Golden Gregory LLP

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

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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

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

Mintz - Privacy & Cybersecurity Viewpoints

A New Decade of HIPAA – What Can We Expect?

Mintz - Privacy & Cybersecurity Viewpoints on

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights...more

Health Care Compliance Association (HCCA)

'Misinterpretation' of Breach Rule, Lack of Internal BAA Cost Hospital Group $2.1M

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 19, no. 12 (December 2019) - Sentara Hospitals, a nonprofit group of 12 medical centers in Virginia and North Carolina, will implement a fairly minimal two-year corrective action plan (CAP) and...more

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