Business Associate Package

The Business Associate Package is designed for companies that use or disclose protected health information (PHI) as a business associate, as defined by HIPAA. To guide your compliance initiatives, this package includes a set of online learning modules to meet your training and education needs and a HIPAA Primer for Business Associates PDF resource that addresses the business associate relationship, responsibilities of safeguarding and protecting PHI, Business Associate Agreement (BAA) requirements, breach notification requirements, along with a compliance checklist. Online learning modules include the following titles:

HIPAA Compliance for Business Associates

The July 2020 monetary payment of over $1 million dollars by a health system to HHS-OCR serves as a reminder to covered entities and business associates alike that HIPAA violations can be costly. The focus of this presentation is on business associates and subcontracts and the potential threats that can exploit vulnerabilities and trigger costly reporting to government agencies, as well as private lawsuits. Risk mitigation strategies are discussed, as well as some key items that should not be overlooked during the COVID-19 Pandemic.

Objectives:

  1. Legal obligations of business associates and subcontractors.
  2. Areas of liability, which can extend throughout the “link of trust” between covered entities, business associates and subcontractors.
  3. Utilizing compliance with the Privacy Rule, Security Rule, and NIST Standards to mitigate risk – even during COVID.

HIPAA Business Associate Agreements Under HITECH

In 2013, under the authority granted by the HITECH Act, OCR issued the Final Omnibus Rule that, among other things, identified provisions of the HIPAA Rules that apply directly to business associates and for which business associates are directly liable. One of the most notable items is the Business Associate Agreement. The presentation highlights enforcement actions, as well as key compliance items business associates and subcontractors need to focus on.

Objectives:

  1. Appreciate the nuances of the 2019 HHS Fact Sheet.
  2. Requisite aspects of the BAA, as well as the related Security Rule and Privacy Rule items.
  3. COVID and what it means to business associates and subcontractors.

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