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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: 91 minutes
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Over 32 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 32 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, 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 January 10, 2019.

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

  • AHIMA 1.5 including Privacy & Security 1.5
     
  • This program has been approved for 1.5 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.
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • 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.
     
  • Arizona CLE 1.5
     
  • 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 1.5 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.
     
  • 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).
     
  • 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.
     
  • 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.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • 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 1.52
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.52 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 self-study 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 A/V credit under the Law & Legal Procedure category.
     
  • 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.
     

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.

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
     
  • 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.

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

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
     
  • 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.

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

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More Program Information

Why Lorman?

Over 32 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.
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Why Lorman?

Over 32 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: 403908
Published 2019
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