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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Why Lorman?
Over 34 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
Credit
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Why Lorman?
Over 34 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
This course was last revised on January 10, 2019.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
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.
Credit
More Program Information
Why Lorman?
Over 34 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
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.
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More Program Information
Why Lorman?
Over 34 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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