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December 20, 2020

What Is The Recent Act Related Business Associate Agreement Release By Hipaa

Filed under: Uncategorized — ירון @ 11:48 pm

What is a business associate? “counterparty”: a person or organization that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of a covered company or that provide services to a covered business; An insured company staff member is not a business partner. A covered health care provider, health plan or health care clearinghouse may be a counterpart to another insured company. The data protection rule lists some of the functions or activities and related services that make an individual or organization a business partner when the activity or service involves the use or disclosure of protected health information. The types of functions or activities that can make an individual or organization a counterpart include payment or health transactions, as well as other functions or activities governed by administrative simplification rules. Question: Our medical practice uses backup data entucing the storage of Google Cloud [or Amazon Web Service]. They say they are HIPAA compliant. Do we still need an agreement with Google [or AWS]? Instead, ask them to sign a confidentiality agreement. We include these points in the confidentiality agreements we provide for our customers: the OCR found that it did not have the authority to impose, for example, the “reasonable cost-based fee restriction” in 45 C.F.R.S. 164.524 (c)) (4) (4) against counterparties, since the HITECH Act does not apply this tariff limitation to counterparties. (65 F.R.

82505-06, enhancement). In accordance with the rules and comments, the “data aggregation” exception would not apply unless (1) the data aggregation is intended for the health activities of the covered company, not for its own purposes; and (2) the BAA expressly authorizes the counterparty to provide data aggregation services. Contractors who work exclusively for your business, individuals with other customers, and employees hired through a company are not business partners. However, your company is liable if one of these people violates the PHI. (i) administrative activities related to the implementation and compliance of the requirements of this sub-chapter; (ii) after-sales service, including the provision of data analysis to policyholders, plan sponsors or other customers, unless protected health information is shared with that policyholder, sponsor or customer.

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