Legal Review of New HIPAA HITECH Rules: Foley & Lardner
This is an excellent review of the new, proposed rules from HHS on HIPAA HITECH. In particular the emphasis on the changes for business associates and their sub-contractors is important because it extends the HIPAA standards to a much larger group of companies. Many of these companies are totally unaware of these rules and their implications.
As a company that helps business associates develop a set of policies and procedures my attention was drawn the section on the four tiers of penalties and particular this section:
'The Proposed Rule also provides examples of hypothetical circumstances that would fall within the various tiers. In determining which of the four culpability tiers applies, HHS will consider the extent to which a Covered Entity or Business Associate has effective policies and procedures that evidence an intent to comply with HIPAA and the steps taken to comply. This makes it imperative for Covered Entities and Business Associates to have robust policies in place and to fully document their steps to implement and comply with them." My emphasis added.
I recommend that you read the article carefully to see the impact on your company.
Subscribe via RSSCategories
- HIPAA HITECH Act
- HIPAA Covered Entity
- HIPAA Business Associates
- Health Information Privacy
- HIPAA Compliance Online Software
- HIPAA Compliant Checklist
Recent Blog Posts
- Business Associates Need HIPAA HITECH Compliant Policies and Procedures, Now/1
- Minnesota Attorney General Sues Business Associate for HIPAA HITECH Data Breach
- HIPAA HITECH Data Breach Costs Small Business Associate $300,000
- HIPAA HITECH Rules De Facto Standard?
- HIPAA HITECH Data Breach: $1000 Per Patient?
- Senate Hearings Focus on Lack of HIPAA Enforcement, Final HITECH Rule
- more from the blog
