Compliance Helper Blog

Overlooked “Business Associates” Under the HITECH Act

As I meandered around the Internet this morning I came across the post below.  I also saw a post from a IT security company stating that they were coming across many business associates that were ignoring the requirements of the HITECH Act because they were not getting any pressure from their covered entities.  I have seen this also and think that the CE is doing themselves and their BAs a huge disservice by not making it clear that they must comply.  I also lay some blame at the feet of HHS and OCR as with their delays in enforecement they have fueled this widespread denial.   As Ms Roberts states any entity that comes into contact with PHI must comply.

Overlooked “Business Associates” Under the HITECH Act

"Any entity that comes into possession of PHI, even indirectly or temporarily, for example, in the course of conducting due diligence in connection with a proposed acquisition, financing or underwriting, could have legal responsibilities under HIPAA and the HITECH Act."

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