News & Analysis as of September 24, 2024

Business Associates › Notice Requirements

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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 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 -

Action Items as a Result of HIPAA Privacy Rule Modifications

BCLP on 9/5/2024

On April 22, 2024, the U.S. Department of Health and Human Services (“HHS”) issued new regulations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) that impose new restrictions on the use and...more

Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking...

Venable LLP on 10/4/2023

The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more

Important FTC Rules for Health Apps Outside of HIPAA

Holland & Knight LLP on 9/27/2021

The Federal Trade Commission (FTC) adopted a policy statement on Sept. 15, 2021, emphasizing that developers of digital health apps, connected devices and other health products have obligations under the Health Breach...more

After a Breach Is Too Late: Ensure BA, Subcontractor Compliance Now

Health Care Compliance Association (HCCA) on 3/25/2021

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

Use of PHI for Non-Patient Purposes

Holland & Hart - Health Law Blog on 2/20/2020

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

California Bill Proposes CCPA Exceptions for HIPAA De-identified Information, Other Health Data

McDermott Will & Emery on 1/17/2020

On January 6, 2020, the California State Senate’s Health Committee unanimously approved California AB 713, a bill that would amend the California Consumer Privacy Act (CCPA) to except from CCPA requirements additional...more

Privacy Monday – September 23, 2013: Today Is HIPAA Compliance Day – 5 Things That You Should Have Done

Mintz - Privacy & Cybersecurity Viewpoints on 9/23/2013

Today’s the day! Today marks the long-awaited compliance date for the HIPAA Omnibus Rule. In case you have put any thoughts of compliance with the Omnibus Rule out of your mind, you can no longer escape. Here...more

Breach Notification: New Rules!

Davis Wright Tremaine LLP on 8/5/2013

If you sponsor a group health plan that is subject to the HIPAA Privacy and Security Rules, it is time to review and revise your policies and procedures and re-train your employees regarding the proper procedures when...more

More To Do’s to Add to Your 2013 Health Plan Compliance Calendar – Don’t Forget About HIPAA/HITECH

Proskauer - Employee Benefits & Executive... on 6/3/2013

For much of 2013, group health plan sponsors have been gearing up for the compliance challenges associated with the Affordable Care Act. There is no doubt that much of the planning, focus and energy trained on the next round...more

Scripts - April 2013

Poyner Spruill LLP on 4/8/2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

Newly Effective HIPAA Omnibus Rule Makes Sweeping Changes to HIPAA

Smith Anderson on 4/5/2013

The long-awaited final omnibus rule (Omnibus Rule) that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) [1] took effect last week, on March 26, 2013. Leon Rodriguez, Director of the U.S....more

Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records

Davis Wright Tremaine LLP on 4/3/2013

The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits...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

Countdown Begins for HIPAA Omnibus Rule Compliance

Mintz - Health Care Viewpoints on 3/26/2013

The HIPAA Omnibus Rule goes into effect today, which officially starts the clock for covered entities, business associates, and their subcontractors to begin updating their agreements, forms, policies, procedures, and...more

What We Need to Do to Comply with the Final HIPAA Rule: A Summary of the Privacy Obligations for Health Care Providers, Health...

Winstead PC on 3/19/2013

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the highly anticipated Omnibus Rule, which makes extensive changes (as promulgated by the Health Information Technology for Economic and...more

HITECH and HIPAA: The Final Rule

Baker Donelson on 3/14/2013

The final rule implementing new obligations under HITECH and changing obligations under HIPAA is finally out. Covered entities and business associates need to come into compliance with these requirements by September 23,...more

New HIPAA Regulations Require Action From Group Health Plans

Polsinelli on 3/14/2013

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) released final regulations under the Health Insurance Portability and Accountability Act (HIPAA), which implement changes made by the Health...more

Don't Get Pinched by New HHS PHI Rules

Baker Donelson on 3/11/2013

HHS has released its much-anticipated final omnibus rule about protected health information. The rule addresses privacy and security issues, including defining a business associate and expanding individuals' rights to...more

New HIPAA Regulations Require Action by Group Health Plans

McDermott Will & Emery on 3/8/2013

Final HIPAA privacy and security regulations issued by the U.S. Department of Health and Human services will require action by group health plan sponsors by September 2013....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

Final HIPAA/HITECH Rules: Compliance Actions for Employee Benefit Plans

Poyner Spruill LLP on 3/5/2013

The Department of Health and Human Services recently released final regulations modifying the HIPAA Privacy, Security Breach Notification and Enforcement Rules (the “Omnibus Rule”). These regulations have far-reaching effects...more

Special Edition: Health Law Update - February 28, 2013

BakerHostetler on 3/1/2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply

Snell & Wilmer on 2/22/2013

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

OCR Issues Final Modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to Implement the HITECH...

McDermott Will & Emery on 2/21/2013

On January 25, 2013, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) published a final rule (Final Rule) containing modifications to the privacy standards (Privacy Rule), security...more

The New HIPAA Omnibus Rule & Your Liability — A Detailed Review

Mintz - Privacy & Cybersecurity Viewpoints on 2/18/2013

As we have reported in this blog, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations containing modifications to the HIPAA Privacy, Security, Enforcement, and...more

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Business Associates › Notice Requirements

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