Blog Posts: HIPAA Business Associates

Compliance Helper Blog

HIPAA Medical data breaches most often caused by theft

An analysis of HHS information finds the biggest security leaks come from stolen laptops and removable memory technology. The take-home message: Keep devices locked up.By Pamela Lewis Dolan, amednews staff. Posted Sept. 3, 2010.

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HIPAA Violations with Paper Records by Business Associate and Sub-Contractor

Four Massachusetts community hospitals are investigating how thousands of patient health records, some containing Social Security numbers and sensitive medical diagnoses, ended up in a pile at a public dump.  The unshredded records included pathology reports with patients’ names, addresses, and results of breast, bone, and skin cancer tests, as well as the results of lab work following miscarriages.  By Liz Kowalczyk Globe Staff / August 13, 2010

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Business Associates Must Comply with Ther HIPAA Contracts, Now!

"Holding a business associate contractually liable, not only for improper uses and disclosures of PHI, but also for compliance with all other requirements of the Privacy Rule that pertain to the performance of the business associate's contract"  Reinhart Boerner Van Deuren SC

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44% of CIOs say Business Associates Not Ready for "Meaningful Use":Pricewaterhouse Coopers Study Shows

44% of CIOs say they are concerned that the external vendors they rely on in health information exchanges are not prepared for meaningful use implementation according to a survey done by Pricewaterhouse Coopers.

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Business Associates Liable for Breach of Their Business Associate Agreements, Effective February 17, 2010

Consequently, effective Feb. 18, 2010, the HITECH Act makes business associates both contractually liable to a covered entity for breach of the business associate agreement with the covered entity and civilly and criminally liable to the government for violations of those Security Rule requirements and the Privacy Rule's business associate agreement requirements. 

The Politics of Health Care

 

OCR Issues Proposed Modifications to HIPAA Privacy and Security Rules

Published August 11, 2010 7:24 AM by Frank Irving

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Do Note Breach Business Associate Agreements:Ford & Harrison LLP, Daniel Sulton

"Also the parties to a business associate agreement must include provisions in the agreement requiring the business associate to take reasonable steps to cure any material breach or violation of the business associate agreement between the business associate and a subcontractor, or terminate the contract."Ford & Harrison LLP Daniel Sulton

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Healthcare Leads in Data Breaches:Transparency Needed

Of the 385 organizations hit with data breaches so far this year, 113 were in health care, according to the Identity Theft Resource Center's report for July 28. Just 39 breaches have been reported in banking and finance according to the ITRC. Experts cite a lack of compliance and improper data access by insiders as culprits.

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"My Credit Card is Being Used Fradulently after Anthem Blue Cross HIPAA Data Breach"

 "Three days ago, my credit card number was used fraudulently. Today I received a letter from Anthem telling me a breach had occured, leaking my social security number, name & credit card number."

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No HIPAA Compliant Policies and Procedures Means "Willful Neglect"

For example, the OCR stated that the failure to develop or implement compliant HIPAA policies and procedures "demonstrate[s] either conscious intent or reckless disregard with respect to . . . compliance obligations," and may be the basis for a finding of a violation due to willful neglect. [99] 75 Fed. Reg. 40,879

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Legal Review of New HIPAA HITECH Rules: Foley & Lardner

HHS releases proposed HITECH rule
Foley & Lardner LLP
On July 14, 2010, the Office for Civil Rights of the Department of Health and Human Services (HHS) published a Notice of Proposed Rulemaking (Proposed Rule) that proposes significant changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security and Enforcement Rules.

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