| Understanding Business Associate Agreements |
| January 21 2025
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| Posted in: BAA |
Understanding Business Associate Agreements We all care about our privacy, especially when it comes to our health information. From doctor's visits to insurance claims, a lot of sensitive data is floating around. But who's making sure it's all kept safe? While we might think about our doctors and hospitals, there's a whole network of companies and individuals behind the scenes that also handle our protected health information (PHI). That's where the Business Associate Agreement (BAA) comes in – a crucial yet often overlooked legal document that plays a vital role in safeguarding our health privacy. What Exactly is a ...read more
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| Direct Liability of Business Associates |
| November 8 2022
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| Posted in: BAA |
Direct Liability of Business Associates In 2009, Congress enacted the Health Information Technology for Economic and Clinical Health (HITECH) Act,1 making business associates of covered entities directly liable for compliance with certain requirements of the HIPAA Rules. Consistent with the HITECH Act, the HHS Office for Civil Rights (OCR) issued a final rule in 2013 to modify the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules.2 Among other things, the final rule identifies provisions of the HIPAA Rules that apply directly to business associates and for which business associates are directly liable.3 As set forth in the HITECH ...read more
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| § 164.314 Organizational requirements |
| November 8 2022
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| Posted in: BAA |
§ 164.314 Organizational requirements. (a) (1) Standard: Business associate contracts or other arrangements. The contract or other arrangement required by § 164.308(b)(3) must meet the requirements of paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section, as applicable. (2) Implementation specifications (Required) - (i) Business associate contracts. The contract must provide that the business associate will - (A) Comply with the applicable requirements of this subpart; (B) In accordance with § 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit electronic protected health information on behalf of the business associate agree to comply with the applicable requirements of ...read more
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