HIPAA Business Associate Agreements Under HITECH

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Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX presents. “As part of the Department’s effort to fully protect patients’ health information and their rights under HIPAA, OCR has issued this important new fact sheet clearly explaining a business associate’s liability,” said OCR Director Roger Severino. 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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