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Business Associates › Data Protection › Data Privacy

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

McGuireWoods LLP

Ounce of Prevention: Do You Have Business Associate Agreements With Every Required Party?

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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

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Health Care Compliance Association (HCCA) on

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

McGuireWoods LLP

HIPAA Privacy Rule Changes Coming in 2023: Five Steps to Prepare

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In 2023, the Department of Health and Human Services (HHS) is expected to finalize proposed modifications to its regulations under the Health Insurance Portability and Accountability Act of 1996, as modified by the Health...more

Davis Wright Tremaine LLP

New Washington Law Has Broad Implications For Protecting Consumer Health Data - Landmark ‘My Health My Data’ Act Reaches Beyond...

Davis Wright Tremaine LLP on

On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more

Jones Day

Vital Signs Digital Health Law Update | Winter 2023

Jones Day on

Note From the Editors - We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. In Industry Insights, our lawyers take an in-depth look at...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

McDermott Will & Emery

State Law Privacy Video Series | Healthcare Entities and Health Data

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California, Virginia and Colorado have new privacy laws coming into effect in 2023. But now is the time to start preparing your business or organization for compliance. In this video series, we examine the different aspects...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

Health Care Compliance Association (HCCA)

Compliance Refresher: Get Cozy With IT Folks, Review Insurance, Fine-Tune Policies, Training

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21, no. 11 (November, 2021) - Attorney Brad Hammer doesn’t always don a suit and tie, or what he calls his “lawyer’s uniform.” A privacy and security expert and founder of the Vakaris Group based...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

Goodwin

Five Emerging Concerns for the Health Care Industry as AI & Telehealth Converge

Goodwin on

The use of telehealth continues to grow rapidly across the U.S. Given legislative proposals and the Centers for Medicare & Medicaid Services efforts to expand access to telehealth, we can only anticipate that remotely...more

Winthrop & Weinstine, P.A.

Business Associate Agreements: Do You Have Them, And Are They Compliant?—Roots Of Wisdom

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Navigating the day-to-day duties related to your practice includes many different responsibilities. From providing patient care, to making sure your office has the appropriate equipment, to managing your team, you have a lot...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)

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

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)

As Covered Entities Inch Toward Normalcy, Thorny Worker, Patient Privacy Issues Arise

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 6 (June 2020): Being a health care provider in the midst of a pandemic is complicated enough, between offering telehealth services, perhaps for the first time, and helping workers continue...more

White & Case LLP

COVID-19 and Data Protection Compliance in the US

White & Case LLP on

Irrespective of your industry, the current COVID-19 pandemic poses a new and unique challenge to organizations, their employees, and their customers. The emergence of COVID-19 has prompted organizations to collect and process...more

McDermott Will & Emery

[Webinar] Resolving Inconsistencies in Requirements for De-identification and Anonymization of Health Data under CCPA, HIPAA, and...

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For companies seeking to use, license, or otherwise commercialize health data, there are potential inconsistencies among the HIPAA de-identification standard, the CCPA definition of de-identified data, and GDPR requirements...more

Robinson+Cole Data Privacy + Security Insider

Cottage Health Settles with OCR for $3M

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We previously reported that Cottage Health, a health care entity operating several hospitals in California, settled with the State of California for $2 million for a security incident that occurred in 2013. On February 7,...more

Sheppard Mullin Richter & Hampton LLP

Company’s Vendor Suffers Breach, No Business Associate Agreement, $500K OCR Settlement

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A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more

Sheppard Mullin Richter & Hampton LLP

Are You a “Hybrid Entity” under the Health Insurance Portability and Accountability Act of 1996? The $4,348,000 Question

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A single, multidisciplinary entity, like a university, may include certain departments that use PHI, and other departments that do not. Such institutions are eligible to (and should) self-identify as “hybrid entities” to...more

Mintz - Health Care Viewpoints

Data-Harvesting Zombie Hackers, Blood-Thirsty Auditors, and Other Reasons to be Scared on Halloween

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This Halloween, the scariest monsters might not be in your closet or under your bed. They may be overseas, orchestrating intrusions into your electronic medical record. Or they may be lurking in your own workforce, carrying...more

King & Spalding

OIG Reports Insufficient Oversight Of HIPAA Compliance

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The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

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