Wyatt HITECH Law

A Blog About Health Information Technology, Privacy & Security Developments


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September 22, 2014 Deadline for Business Associate Agreements

September 22nd Deadline Fast Approaching

September 22nd Deadline Fast Approaching

The final HIPAA Omnibus Rule (Omnibus Rule), published in the Federal Register on January 25, 2013, substantially increased the privacy and security responsibilities of a “business associate” of a “covered entity”, as those terms are defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA)(see discussion later in this post regarding the expansion of the “business associate” definition).  Among other changes, the Omnibus Rule requires a covered entity and business associate to revise their business associate agreement (BAA) to reflect the business associate’s new obligations.  All BAAs signed after January 24, 2013 should already include new language necessary to comply with the Omnibus Rule.  BAAs that were signed on or before January 24, 2013 were deemed compliant until September 22, 2014; however, if renewed or modified before that date then they must be brought into actual compliance at that time.  Covered entities and business associates must ensure that all BAAs are compliant with the Omnibus Rule before the September 22, 2014 deadline. Continue reading


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Federal Government Report Summarizes Health Care Privacy Compliance Efforts

government buildingThe U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued two reports to Congress required by Section 13402(i) of the Health Information Technology for Economic and Clinical Health (HITECH) Act:

–“Annual Report to Congress on Breaches of Unsecured Protected Health Information For Calendar Years 2011 and 2012” (the Breach Report); and

–“Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance For Calendar Years 2011 and 2012” (the Compliance Report).

Both of OCR’s reports (as well as previous annual reports) may be accessed here. This post discusses the Compliance Report. We summarized the Breach Report in a separate post entitled “Federal Government Report on Data Breaches in Health Care.”

OCR is the office responsible for administering and enforcing the HIPAA Privacy, Security, and Breach Notification Rules. The Compliance Report summarizes OCR’s compliance and enforcement activity with respect to the HIPAA Privacy, Security, and Breach Notification Rules.

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Federal Government Report on Data Breaches in Health Care

government buildingThe U.S. Department of Health and Human Services, Office for Civil Rights (OCR) has issued two reports to Congress required by Section 13402(i) of the Health Information Technology for Economic and Clinical Health (HITECH) Act:

• “Annual Report to Congress on Breaches of Unsecured Protected Health Information For Calendar Years 2011 and 2012” (the Breach Report), and
• “Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance For Calendar Years 2011 and 2012” (the Compliance Report).

Both reports (as well as previous annual reports) may be accessed here.  This post discusses the Breach Report, and a separate article will be posted later addressing the Compliance Report.

The Breach Report offers valuable insight into OCR’s priorities with respect to healthcare data breaches and gives an excellent summary of many recent settlements. OCR (the office responsible for administering and enforcing the HIPAA Privacy, Security, and Breach Notification Rules) has prepared this Breach Report describing the numbers and types of healthcare data breaches occurring for calendar years 2011 and 2012.  The Breach Report is compiled from breach reports that HIPAA requires be provided to OCR by covered healthcare providers, health plans, healthcare clearinghouses and their business associates.  The raw data upon which these reports is based is available here. OCR also provides some cumulative data on breaches reported since the breach notification law went into effect on September 23, 2009. OCR then slices and dices this data in a variety of different and useful ways, sorting it by: cause, location of affected protected health information (PHI), types of entities involved, number of individuals affected, remediation steps taken, etc. Continue reading

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