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: The Privacy and Security Law BlogBusiness Associates Beware: First HIPAA Enforcement Action Against a Business Associate
By Ronald London
By Adam H. Greene and Rebecca L. Williams
Over at our Learning Center, be sure to check out the new advisory on the first formal enforcement action against a business associate, Accretive Health, Inc., for alleged violations under the Health Insurance Portability and Accountability Act of 1996 ('HIPAA'), which was brought by Minnesota's Attorney General under the Health Information Technology for Economic and Clinical Health ('HITECH') Act. The enforcement action comes after the theft of an unencrypted laptop computer containing approximately 23,500 patients' records, and offers stark reminders both that the HITECH Act's provisions for business associates currently are in effect, and that state attorneys general and the federal Department of Justice are not bound by the U.S. Department of Health and Human Services' still-effective forbearance from enforcing the HITECH Act in cases like that of Accretive Health. You can read more here.
Full post as published by The Privacy and Security Law Blog on February 06, 2012 (boomark / email).
HITECH Ready Business Associate Contract: accept no substitute!
HIPAA regulations and the HITECH Act mandate that a Covered Entity establish a written contract with a Business Associate in a number of instances, including whenever a Business Associate "manages" Protected Health Information on behalf of a Covered Entity...
HIPAA enforcement: Business Associate Agreement rulemaking needed first - time to plan ahead
After learning of comments on HIPAA enforcement made by a member of the HHS OCR legal staff at an ABA meeting on health care issues, I contacted him directly. Adam Greene confirmed that HITECH Act changes to HIPAA rules regarding...
HITECH/HIPAA: Who is a Business Associate
Business Associate (BA): This term has broad applicability under HITECH/HIPAA and includes "partners" wherein the product/service provided requires the disclosure of protected health information (PHI)...
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I recently got a call from a business woman who had entered into a lease of a salon that was too big for her business. Apparently she had a business associate who agreed to sub-lease the other half of the building...
OCR HIPAA Audits Finally Kick Off - Do They Matter
The HITECH Act called for stepped-up HIPAA privacy and security and breach notification rule enforcement with respect to covered entities and business associates, to be accomplished by spot-check audits...
Stimulus bill expansion of HIPAA
The HIPAA blog has been doing a series on Congress's expansion (in the stimulus bill) of the already impressively overgrown health-privacy law, HIPAA. The bill extends direct HIPAA regulation to "business associates" that do not treat patients directly but work...
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