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Business Associates › Data Protection › Electronic Protected Health Information (ePHI)

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 -
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

Wilson Sonsini Goodrich & Rosati

OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

Wilson Sonsini Goodrich & Rosati on

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health...more

Brooks Pierce

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

Brooks Pierce on

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

Goodwin

The Potential Impact of State Abortion Laws on Reproductive Health Apps

Goodwin on

Millions of women use reproductive health applications (or “apps”) to track menstrual cycles, ovulation, and pregnancy. These apps provide women that use the rhythm method for birth control and women seeking to become...more

Arnall Golden Gregory LLP

Recent OCR HIPAA Enforcement Actions and Request for Information on HITECH Implementation

Arnall Golden Gregory LLP on

Enforcement Actions - In its first announcement of enforcement actions in 2022, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) simultaneously announced the resolution of three...more

Wyrick Robbins Yates & Ponton LLP

Any Port in a Storm? OCR Seeks Comments on HIPAA “Safe Harbor” for Recognized Security Practices

Wyrick Robbins Yates & Ponton LLP on

Earlier this month, HHS’s Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on a statutory provision adopted last year that provides a quasi-safe harbor for entities that have voluntarily...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

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

Winthrop & Weinstine, P.A. on

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

Akin Gump Strauss Hauer & Feld LLP

Pending Proposed Rule Would Make Far-Reaching Changes to HIPAA Privacy Regime

Akin Gump Strauss Hauer & Feld LLP on

On January 21, 2020, the far-reaching HIPAA Privacy Proposed Rule, initially released on December 10, 2020, was published in the Federal Register. Despite speculation that the publication timeline would be altered when the...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

Ballard Spahr LLP

HHS Issues HIPAA Guidance on Contacting Survivors of COVID-19 About Plasma Donation

Ballard Spahr LLP on

The Office of Civil Rights of the U.S. Department of Health and Human Services has issued guidance clarifying how HIPAA’s Privacy Rule permits covered entities (in particular, health care providers and health plans) or their...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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Holland & Hart - Health Law Blog

Modified HIPAA Rules for Sending Records to Third Parties

Holland & Hart - Health Law Blog on

Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more

Holland & Hart - Health Law Blog

Business Associates’ Use of Information for Their Own Purposes

Holland & Hart - Health Law Blog on

Business associates may want to use a covered entity’s protected health information (“PHI”) for the business associates’ own purposes, e.g., for their own product development, data aggregation, marketing, etc. However, with...more

Mintz - Health Care Viewpoints

OCR Publishes Checklist and Infographic for Cyber Attack Response

Mintz - Health Care Viewpoints on

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...more

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