News & Analysis as of September 17, 2024

Business Associates › Penalties › Protected Health Information

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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... 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 -

Five Red Flags in De-identification and Data Monetization for Healthcare Companies

Holland & Knight LLP on 7/22/2024

Healthcare providers running on thin margins or just seeking new (and in the case of tax-exempt providers, permissible) revenue sources may jump at the chance when third party vendors offer to help them monetize their patient...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

OCR Announces First HIPAA Enforcement Action against a Business Associate

Ballard Spahr LLP on 7/25/2016

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced an agreement with Catholic Health Services of the Archdiocese of Philadelphia (CHCS), settling allegations that CHCS violated the Health...more

Business Associate Settles HIPAA Investigation for $650,000

Lathrop GPM on 7/7/2016

The U.S. Office for Civil Rights (OCR), the agency responsible for enforcing the HIPAA Privacy and Security rules, has just sent a strong message that business associates are not immune from scrutiny. On June 24, 2016, in a...more

HIPAA Double Take: What Health Plan Sponsors Need to Know Now

Alston & Bird on 10/27/2015

With the onslaught of Affordable Care Act changes, health plan sponsors have much to think about lately. Given the number of other issues affecting them, plan sponsors may feel that HIPAA privacy and security is an issue they...more

Final HIPAA Regulations Impact Group Health Plans

Dechert LLP on 5/30/2013

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) sets forth rules to protect the privacy and security of individuals’ health information that is held by “covered entities,” such as group health plans....more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

Wilson Sonsini Goodrich & Rosati on 4/17/2013

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

Burr Alert: Employer Obligations Under New HIPAA Rules

Burr & Forman on 3/26/2013

With all of the attention garnered by healthcare reform, it would be easy to overlook the new HIPAA rules (the "Rules") applicable to covered entities under HIPAA, which include employer group health plans. Compliance with...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

What Do Employers Really Need to Know About the New HIPAA/HITECH Omnibus Final Rule?

Littler on 2/6/2013

The Health Insurance Portability and Accountability Act/Health Information Technology for Economic and Clinical Health Act Omnibus Rule, published in the Federal Register Jan. 25, makes many changes to the HIPAA Privacy Rule,...more

Final Regulations Address Privacy and Security of Health Information

Ballard Spahr LLP on 1/25/2013

The U.S. Department of Health and Human Services (HHS) issued final regulations last week that modify many aspects of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA) and...more

HIPAA Game-Changer: Are You Ready? OCR Releases Long-Awaited HIPAA/HITECH Rules

Nossaman LLP on 1/18/2013

If your business is affected by HIPAA, 2013 will be a year of significant change. ...more

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