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90-minute live streaming program
  • March 7
  • 1:00 - 2:30 pm EST

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Business Associate Obligations and Agreements: Aftermath of the HIPAA Omnibus Rule

March 7

Understand how to implement a proper business associate agreement (BAA) and the obligations and responsibilities under HIPAA since the Omnibus Rule.

More than three years following the publication of the 2013 Omnibus Final Rule that implements HIPAA and HITECH, covered entities, business associates, and subcontractors continue to struggle with the negotiation, documentation, implementation, and ongoing performance of their respective HIPAA-related responsibilities. Potentially complicating that process, when negotiating business associate agreements between covered entities and business associates, and between business associates and their subcontractors, the parties often unnecessarily overreach by raising topics and seeking to impose obligations unrelated to the business associate's obligations under HIPAA, and thereby pursuing unnecessarily complex and onerous terms. Recent enforcement actions provide a framework within which parties can identify the issues that matter most. This topic helps persons responsible for business associate contracting and implementation to understand the proper format and scope of a business associate agreement, address issues related to the obligations of subcontractors and agents, and develop streamlined forms and policies and procedures for operationalizing their business associate relationships.

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Agenda

Business Associate Agreement (BAA) Abuses
  • Definitions That Diverge From HIPAA and HITECH Definitions
  • Unworkably Short Reporting Deadlines for Data Breaches, Unauthorized Uses, etc.
  • Over-Reporting Security Incidents
  • Indemnification
  • BAA as Regulatory Kitchen Sink for Compliance Issues Unrelated to HIPAA and HITECH
The Interplay Between Covered Entity and Business Associate (BA) in Data Breaches
  • Who Determines If a Data Breach Has Occurred?
  • Relationship to Reporting Security Incidents
  • Time Frame for Communication to Covered Entity
  • Who Determines If a Risk of Substantial Harm Exists?
  • When the BA Is an Agent of the Covered Entity
Accounting of Disclosures Responsibilities of Business Associates
  • Obligations in the Absence of a Final Rule
  • What Covered Entities Should Expect
  • What BAs Should Be Willing to Agree to
Understanding How to Handle Subcontractors That Receive PHI
  • What Are Subcontractors' Obligations Under HIPAA and HITECH?
  • How to Manage a Single Subcontractor Receiving PHI From Multiple Sources
  • How to Document the BA-Subcontractor Relationship After Omnibus Rule
Developing a Standard BAA That Works for Everyone
Operationalizing a BAA
  • Developing Policies and Procedures
  • Establishing Appropriate Training
  • Monitoring Compliance
  • Terminating a BAA on Account of Breach
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Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on March 7, 2017.

Call 1-866-352-9540 for further credit information.

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  • ACHE 1.5
     
  • The American College of Healthcare Executives no longer pre-approves courses or organizations. Participants in this program wishing to have the continuing education hours applied toward ACHE Qualified Education credit should indicate their attendance when submitting an application to the American College of Healthcare Executives for advancement or recertification. ACHE Qualified Education credit must be related to healthcare management (i.e., it cannot be clinical, inspirational, or specific to the sponsoring organization). It can be earned through educational programs conducted or sponsored by any organization qualified to provide educational programming in healthcare management. Programs may be sponsored by ACHE, chapters or other qualified sources, whether the programming is face-to-face or distance offerings (webinars, online seminars, self-study courses, etc.).
     
  • AHIMA 1.0 including Privacy & Security 1
     
  • This program has been approved for 1.0 continuing education units for use in fulfilling the continuing education requirements of the American Health Information Management Association (AHIMA). Granting prior approval from AHIMA does not constitute endorsement of the program content or its program sponsor.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HFMA 1.5
     
  • This course is approved by HFMA for certification maintenance of continuous educational points and will equal 1.5 points of classroom instruction.
     

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

Who should attend?

This live webinar is designed for medical records directors, health information directors, business managers, office managers, nurses, hospital administrators, compliance directors, release of records professionals and attorneys.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Allen Briskin

Allen Briskin

Pillsbury Winthrop Shaw Pittman LLP

  • Senior Counsel in the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP
  • Legal practice emphasizes health care provider representation in transactions and regulatory compliance
  • Regularly advises covered entities and business associates (vendors, ASPs, banks, health information exchange organizations, billing and management companies, social media and personal health technology providers) regarding BA obligations and agreements
  • Best Lawyers in America, Legal 500 U.S.
Gerry Hinkley

Gerry Hinkley

Pillsbury Winthrop Shaw Pittman LLP

  • Partner in the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP
  • Legal practice emphasizes health care provider representation in transactions and regulatory compliance
  • Chair, Health Care Industry Team, Pillsbury Winthrop Shaw Pittman LLP
  • Vice chair, HIMSS Legal Task Force
  • Regularly lectures on health care reform, privacy and security
  • Ranked by Chambers USA, Healthcare: Transactional - National, Healthcare - California (2005 to 2013)
  • Recognized by Best Lawyers in America, Health Care Law (2007 to 2013), Legal 500 U.S., Data Protection and Privacy (2011 to 2013), Best of the Best USA, Health Care, Euromoney/Legal Media Group (2011 to 2013)
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Product ID: 400001
Published 2017
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