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Do you know your business associates?
Gerald M Hinkley1, Rachel Glitz, W Reece Hirsch
1gerryhinkley@dwt.com
Summary
Covered entities must identify business associates and establish HIPAA-compliant contracts to protect health information privacy. Reviewing existing agreements ensures compliance during the transition period.
Area of Science:
- Healthcare Law
- Information Privacy
- Regulatory Compliance
Background:
- The Health Insurance Portability and Accountability Act (HIPAA) mandates specific rules for business associates.
- Covered entities are responsible for safeguarding protected health information (PHI).
Purpose of the Study:
- To outline the requirements for covered entities regarding HIPAA business associate rules.
- To guide covered entities in identifying business associates and ensuring contract compliance.
Main Methods:
- Analysis of HIPAA regulations concerning business associate agreements.
- Review of requirements for contract provisions and exceptions.
Main Results:
- Covered entities must proactively identify all business associates.
- Contracts must contain specific HIPAA-mandated provisions.
- Unnecessary business associate contracts should be avoided.
Conclusions:
- Compliance with HIPAA business associate rules is crucial for protecting patient privacy.
- Existing contracts require review and potential updates to meet current standards.