Strike construction in the HIPAA Business Associate Agreement effortlessly

Aug 6th, 2022
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How to Strike construction in the HIPAA Business Associate Agreement

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hi everyone my name is Lauren Ramos I am an associate attorney at McGuire woods and we wanted to thank you all for joining us today and were going to go ahead and get started with the webinar Im also joined by my colleague Edwin Smith who is also an attorney in the health care department at McGuire woods and we are presenting to you today a presentation on HIPAA business associate agreements so thats where well spend the bulk of our time today but we are going to start and end with a little more general information just about business associates whats required if business associates kind of how they are now accountable under HIPAA to hopefully give some context around what business associate agreements really mean and whats required there I know that we have the QA feature enabled so please feel free to shoot your questions over we will try to answer them in real time and if were not able to we will well get a report and well certainly follow up with you after the webinar to r

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Where a covered entity knows of a material bdocHub or violation by the business associate of the contract or agreement, the covered entity is required to take reasonable steps to cure the bdocHub or end the violation, and if such steps are unsuccessful, to terminate the contract or arrangement, HHS explains.
In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules. If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules.
The HIPAA Privacy Rule requires all Covered Entities to have a signed Business Associate Agreement (BAA) with any Business Associate (BA) they hire that may come in contact with PHI. The HIPAA Omnibus Rule changed how BAs and Business Associate Subcontractors (BAS) can be held liable for potential HIPAA violations.
The Final Rule adopts modifications to provide that a covered entity or business associate is liable for penalties for the failure of its business associate agent to perform an obligation on the covered entitys or business associates behalf.
(b) Termination for Cause. Business associate authorizes termination of this Agreement by covered entity, if covered entity determines business associate has violated a material term of the Agreement [and business associate has not cured the bdocHub or ended the violation within the time specified by covered entity].
A business associate must provide notice to the covered entity without unreasonable delay and no later than 60 days from the discovery of the bdocHub.
There are some exceptions to whether a business associate agreement is needed. Common exceptions where no BAA is needed involve, generally, disclosures to a healthcare provider for treatment purposes, and disclosures from a provider to a health plan for payment purposes.
In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules. If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules.

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