News & Analysis as of September 19, 2024

Business Associates

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The HIPAA Omnibus Rule is a final rule issued by the U.S. Department of Health and Human Services on January 17, 2013. The Rule aims to strengthen existing privacy protections within the Health Insurance Portability and Accountability Act of 1996 (HIPAA), improve the government's ability to enforce those protections, and give individuals greater access to their health information. One of the most significant changes associated with the Rule is the application of HIPAA's requirements to business associates of health care providers and health care claim processors. HHS broadened HIPAA's application to these groups after several large breaches were tied to business associates. less -

The Biggest Changes in HIPAA/HITECH Omnibus Rule & Recommended Action Steps—Ted Kobus

Modified HIPAA Rules for Sending Records to Third Parties

Holland & Hart - Health Law Blog on 2/10/2020

Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more

Understanding When Business Associates Are Directly Liable Under HIPAA

Miller Canfield on 6/4/2019

New guidance issued by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) reaffirms that business associates must have proper HIPAA compliance practices, safeguards and documentation in place...more

Transitional Compliance Period for Business Associate Agreements Expiring September 23, 2014

Foley & Lardner LLP on 9/23/2014

If they have not already done so, covered entities and business associates have until September 23, 2014, to update their business associate agreements to comply with the January 2013 changes to the Health Insurance...more

Hearing to Address HIPAA Accounting of Disclosures

Mintz - Health Care Viewpoints on 9/26/2013

The HHS Office of Civil Rights (OCR) announced that the Health Information Technology (HIT) Policy Committee’s Privacy and Security Tiger Team will hold a virtual, public hearing on Monday, September 30 from 11:45 a.m. to...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

HIPAA/HITECH Final Rule - Assessing Your Organization's Compliance Readiness

BakerHostetler on 4/12/2013

The long awaited HIPAA/HITECH Final Rule became effective March 26, 2013, but covered entities, business associates and subcontractors will have until September 23, 2013, to fully comply. ...more

The HIPAA/HITECH Final Rule has arrived!

Sands Anderson PC on 4/9/2013

If you are a health care provider and/or someone who routinely performs work involving patient health information on behalf of a health care provider, you likely need to know about the HIPAA/HITECH Final Rule....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

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

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

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual...

Dickinson Wright on 3/1/2013

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications...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

HIPAA’s New Rules: Expanding Scope, Clarifying Uncertainties, & Reinforcing Fundamentals

K&L Gates LLP on 2/25/2013

On January 25, 2013, the Secretary for the United States Department of Health and Human Services, Office for Civil Rights (the “Department”) officially published the long-awaited final regulations (the “Final Rule”)...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

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

Breaking Down The HIPAA Rule Changes: Part 3 Of 5 Modifications To The Breach Notification Rule

Polsinelli on 2/11/2013

In This Issue: - Definition of “Unsecured Protected Health Information” - Notice Requirements - Action Items to Comply with the Breach Notification - Excerpt from Definition of “Unsecured Protected Health...more

New HIPAA Regulations Affect Business Associates and Subcontractors

McDermott Will & Emery on 2/11/2013

The Health Insurance Portability and Accountability Act omnibus regulations recently released by the U.S. Department of Health and Human Services have significant ramifications for business associates and subcontractors of...more

Final HIPAA Regulations: What's Changed (and What Hasn't) for Group Health Plans

Bradley Arant Boult Cummings LLP on 2/8/2013

The Office for Civil Rights of the Department of Health and Human Services (“OCR”) has issued final regulations modifying the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security, Breach...more

Omnibus Final Rule Issued on HIPAA/HITECH Act: Significant Changes for ‘Business Associates’

Pillsbury Winthrop Shaw Pittman LLP on 2/8/2013

On January 25, 2013, the Department of Health and Human Services published the much-anticipated Omnibus Final Rule (the “Final Rule”), which, with respect to business associates and their subcontractors, conforms HIPAA’s...more

What Employers That Maintain Group Health Plans Need to Know About the HIPAA Omnibus Regulations

Snell & Wilmer on 2/8/2013

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Womble Bond Dickinson on 2/7/2013

Changes to the HIPAA Breach Notification Rule - Background: The HITECH Act required Covered Entities to notify individuals, HHS, and in some cases, the media, of a Breach of Unsecured PHI. A Business Associate is...more

Breaking Down The HIPAA Rule Changes: Part 2 Of 5 - Changes Affecting Who Is A Business Associate And New Business Associate...

Polsinelli on 2/6/2013

In This Issue: - Expansion of, Clarifications to, and Explicit Inclusions in the Definition of BA - BAs’ Direct Liability Under the Final Rule - BAAs: Required Provisions Under the Final Rule and the Compliance Date ...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

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