HITECH Act Business Associate Agreement Impact
The advised changes apply to entities assisting covered entities-business associates. The proposed changes include modification of how a ‘business associate’ is interpreted. Here, all entities or persons providing data transmission services are also deemed corporation associates simply because they have restricted access to protected well being information. Similarly, subcontractors who are involved in receiving, maintaining, transmitting or producing PHI on behalf any business associate are also treated as organization associates.
However, this is a very easy definition, as the realm of the Covered Entity indicates to all Organization Associates that are involved in accessing/sharing an individual’s medical health information. A Business Associate represents all folks or companies that are involved from the direct functioning of a Covered Entity or act on behalf on a Covered Entity. However, it does not involve the employees of a covered entity. For example, the clerical staff at a healthcare center just isn’t considered a ‘Business Associate’. However, an outsourcing company that is handling medical billing on behalf of the medical facility is really a ‘Business Associate’, i.e. it’s bound to follow HIPAA guidelines.
Modifications to Corporation Associate Agreements
The proposed changes enhance the liability of business associates in terms of becoming committed to maintaining the integrity of PHI. Hence, the corporation associate agreement should clarify that the corporation associate:
. Will comply to mandates concerning handling of e-PHI (electronic medical record PHI)
. Shares a covered entity’s obligation under the HIPAA Privacy Rule and must comply with HITECH act regulations
. Reports any breach in handling of PHI for the covered entity
. Enters in similar contracts with a subcontractor wherein PHI is involved
Thus, a covered entity require not report breach by a corporation associate towards the Secretary of HHS due to the fact a corporation associate would himself be mandated to report such breaches to the Secretary.
Boone Gomez administers hitech act regulations. For more information on hitech act business associate agreement, visit http://www.edocscan.com
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