Today, Wednesday, February 17, 2010, Business Associates of Covered Entities must be able to demonstrate that they are in compliance with administrative, physical, and technical safeguards of the HIPAA Security Rule, as required by the HITECH Act, enacted one year ago today as part of the American Recovery and Reinvestment Act of 2009. In addition, Business Associate Agreements must be rewritten or amended to specifically require a Business Associate’s compliance with the Security Rule as part of its “satisfactory assurances.” Financial penalties for noncompliance discovered during a compliance audit or complaint investigation could be severe, especially for willful neglect. Here are the appropriate authorities: Section 13401 of Part 1 (Improved…
Tag: HITECH Act
Clock Running Down on Business Associate Compliance with HIPAA Security Rule Required by HITECH Act
Less than one month to go: Business Associates must comply with the HIPAA Security Rule no later than Wednesday, February 17, 2010. Here are relevant provisions from the American Recovery and Reinvestment Act, Public Law 111-5, which included HITECH Act Subtitle D: Privacy. 42 USC 17931 (PART 1–IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS, Section 13401: Application of Security Provisions and Penalties to Business Associates of Covered Entities; Annual Guidance on Security Provisions). (a) APPLICATION OF SECURITY PROVISIONS.–Sections 164.308 (Administrative Safeguards), 164.310 (Physical Safeguards), 164.312 (Technical Safeguards), and 164.316 (Policies and Procedures and Documentation Requirements) of title 45, Code of Federal Regulations, shall apply to a business associate of a covered…
Exploring HIPAA and HITECH Act Definitions: Part 16
From now through early December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA…
Exploring HIPAA and HITECH Act Definitions: Part 15
From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…
Exploring HIPAA and HITECH Act Definitions: Part 14
From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…
Exploring HIPAA and HITECH Act Definitions: Part 13
From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…
Exploring HIPAA and HITECH Act Definitions: Part 12
From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…
Exploring HIPAA and HITECH Act Definitions: Part 11
From now through November, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…
Six Primary Goals of the HITECH Breach Notification Requirement
The first part of the HITECH Act is called “Improved Privacy Provisions and Security Provisions”. Section 13402 is the section that starts the discussion of privacy and security and is titled “Notification in case of breach”. This section accomplishes the following: Identifies who this section applies to: Covered Entities and Business Associates. Defines the time frame as to when breaches should be reported to individuals, and depending on severity, mass media, and the Department of Health and Human Services (HHS). The type of information that must appear in the notification letters. Definition of Unsecured Protected Health Information. Note that the HITECH Act delegated the final definition to the HHS vis…
Exploring HIPAA and HITECH Act Definitions: Part 10
From now through November, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. In this posting we highlight the last two definitions from the following HITECH Act section: Exploring HIPAA and HITECH Act Definitions: Parts 6-10, include definitions from:…