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

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.


Runtime: 85 minutes
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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.

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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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.

Credits

OnDemand Webinar

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

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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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.

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Product ID: 400001
Published 2017
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