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Strategies in Updating and Negotiating HIPAA Business Associate Agreements (BAAs)


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

Nearly a decade ago, the Department of Health and Human Services (HHS) issued a final rule to implement some of the statutory amendments to the Health Insurance Portability and Accountability Act of 1996 and its accompanying regulations (collectively, HIPAA). This final rule known as the 'omnibus final rule' took effect in March of 2013, and among other things clarified the direct liability that business associates have under HIPAA. There still is some confusion over who are and who are not considered to be business associates under HIPAA.
Business associates are a wide and broad group of vendors, service providers and others who perform services by and on behalf of entities covered by HIPAA directly ('covered entities' in HIPAA refers to health care providers, health plans and health care clearinghouses) and in so doing must use or disclose patients' nonpublic individually identifiable health information. When the omnibus rule took effect, HHS estimated that as many as half a million separate entities were business associates and would be affected by the omnibus rule - before giving consideration to any other or further vendors or service providers doing work for those business associates. Come prepared to explore what has happened in the nearly ten years since the omnibus final rule took effect.





Eversheds Sutherland (US)

  • Senior attorney at Eversheds Sutherland (US) LLP, a multidisciplinary, international law firm that draws on our attorneys’ comprehensive industry and policy knowledge and a global network of industry advisors and subject-matter experts to provide innovative legal solutions and client-service excellence worldwide
  • An articulate corporate author and engaging trainer with more than 30 years of experience handling compliance, regulatory, transactional, and legal matters for hospitals and financial services companies
  • Recognized as a national expert on HIPAA and other information privacy and security laws, she was one of the first privacy officers internationally accredited as a Certified Information Privacy Professional
  • In addition to being an attorney and government/regulatory relations specialist, she is an experienced mediator
  • Frequent motivational speaker and compliance educator and has been honored for her contributions to the consumer financial and healthcare industries by several credit, collections, healthcare, and banking associations as well as the U.S. Small Business Administration
  • J.D. degree, University of Notre Dame; undergraduate degree, Northwestern University
  • Can be contacted at [email protected]

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