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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.

64 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 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

If We Are Planning to Review and Update Our Business Associate Agreements, What Are Some Key Provisions We Should Assure Are up to Date?

How Can, or Should We, Inventory All the Businesses or Entities to Verify We Have a Complete Perspective on Who All of Our Business Associates Are?

What Enforcement Have We Seen Under HIPAA Related to Acts and Omissions of Business Associates?

What Are Some Recommendations for Audits That Covered Entities Should Do of Their Business Associates or That Covered Entities Should Require Their Business Associates to Do to Remain Compliant With HIPAA

What About Subcontractors for Business Associates - What Is a Business Associate's Responsibility Under HIPAA for Assuring Those Subcontractors Are HIPAA Compliant?

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Why Lorman?

Over 37 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 8, 2024.

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

  • AHIMA 1.0 including Informatics, Analytics, and Data Use 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.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.3
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • VT CLE 1.0
     
  • WV MCLE 1.3
     
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.

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

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Why Lorman?

Over 37 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

Leslie Bender, CIPP/US, CCCO, CCCA, IFCCE

Leslie Bender, CIPP/US, CCCO, CCCA, IFCCE

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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Why Lorman?

Over 37 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: 411109
Published 2024
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