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HIPAA, HITECH & HIT Legal Issues, Developments and Other Pertinent Information Relating To The Creation, Use and Exchange of Electronic Health Records

Tag Archives: subcontractor

Two Months to Amend HIPAA Business Associate Agreements for Omnibus Compliance, But Beware the Bare Bones BAA

Posted in HIPAA Enforcement, Omnibus Rule

Does your business associate agreement (BAA) reflect your business deal, or is it a bare bones HIPAA compliance document? Now is the time to check. The HIPAA “Omnibus Rule” published in January of 2013 gave covered entities, business associates, and subcontractors until September 22, 2014 to make their business associate agreements (BAAs) compliant, so use… Continue Reading

When the Long Arm of HIPAA Reaches into Mergers, Acquisitions and Asset Sales of Health Care Practices

Posted in HIPAA Business Associates

Michael J. Coco writes: If you have ever bought or sold a business, or you have experience with the process, you are aware of the due diligence efforts and multiple agreements required to close the deal. Transactions involving the sale or purchase of health care related business, such as a medical practice, often take the… Continue Reading

A Business Associate Agreement Dilemma: To Indemnify or Not to Indemnify – Ten Considerations

Posted in HIPAA Business Associates

A party (Party) to a HIPAA Business Associate Agreement (BAA) or Subcontractor Agreement (SCA), whether a covered entity (CE), business associate (BA) or  subcontractor (SC), may struggle with the question as to whether to agree to, demand, request, submit to, negotiate or permit, an indemnification provision (Provision) respecting the counterparty (Counterparty) under a BAA or… Continue Reading

Ten Days, Ten Tips – Countdown to Omnibus Rule Compliance #3

Posted in Uncategorized

Unless the Department of Health and Human Services (HHS) makes another last-minute, litigation-inspired decision to delay the September 23, 2013 compliance date, we’re well into the 10-day countdown for compliance with most of the Omnibus Rule requirements.  Here’s “TIP THREE” – TIP THREE: Covered Entities and Business Associates:  make sure you know where your Protected… Continue Reading

The Parade of Large PHI Security Breaches: The University of Rochester Medical Center Makes it a Triple in 2013

Posted in Security Breach Notification

In January 2011 this blog series discussed here and here that the University of Rochester Medical Center (“URMC” or the “Medical Center”) became a marcher twice in 2010 in the parade of large Protected Health Information (“PHI”) security breaches.  The U.S. Department of Health and Human Services (“HHS”) publishes a list (the “HHS List”), which… Continue Reading

Collateral Effects of the Omnibus Rule: Exercise Caution in Using Past OCR Summaries on Large PHI Breaches as a Roadmap for Future Guidance

Posted in Security Breach Notification

While the summaries of closed investigations posted on the U.S. Department of Health and Human Services list of breaches of unsecured PHI affecting 500 or more individuals continue to provide highly useful information for covered entities, business associates and subcontractors relative to confronting PHI breaches, large and small, they must be analyzed with appropriate care and attention paid to changes brought about by the recently-published Omnibus Rule.

Urgent – Verify Your Business Associate and Subcontractor Agreements by This Friday 1/25/13 to Qualify for Extension

Posted in HIPAA Business Associates

The September 23, 2013 deadline for updating Business Associate Agreements is extended for one year under the Omnibus Rule for covered entities who have compliant Business Associate Agreements in place by Friday, January 25, 2013. This also applies to agreements between Business Associates and their subcontractors. Covered Entities and Business Associates (as well as Business… Continue Reading