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Business Associates › Data Protection › Health Insurance Portability and Accountability Act (HIPAA)

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

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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

Wilson Sonsini Goodrich & Rosati

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

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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

Katten Muchin Rosenman LLP

OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

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

Hogan Lovells

Updated OCR guidance does not solve HIPAA’s tracker uncertainty

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The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance concerning compliance obligations for HIPAA covered entities and business associates using online tracking...more

Brooks Pierce

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

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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

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...

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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

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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

Locke Lord LLP

Office of Civil Rights Guidance on Recognized Security Practices Under the 2021 HITECH ‎Act Amendment

Locke Lord LLP on

Last year, Congress enacted an amendment to the HITECH Act in January 2021 (“HITECH Amendment”) to require that the Department of Health and Human Services (“HHS”) consider whether a covered entity or business associate has...more

BakerHostetler

OCR releases YouTube Addressing “Recognized Security Practices” in HIPAA Enforcement Context

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As a Halloween treat for HIPAA-covered entities and business associates, on October 31, the Department of Health and Human Services Office for Civil Rights (OCR) released a new video on its YouTube channel, in which senior...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

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

Arnall Golden Gregory LLP

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

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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

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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

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

Goodwin

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

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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)

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

Akin Gump Strauss Hauer & Feld LLP

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

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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

Ballard Spahr LLP

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

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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

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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

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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

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