One of the most significant changes in the final HIPAA amendments is the Breach Notification Rule, which modifies and clarifies the definition of “breach” and the risk-assessment approach required for breach notification. In light of this heightened standard, covered entities, business associates and downstream contractors should consider carefully reviewing their breach notification policies and procedures, training materials and contractual arrangements in an effort to avoid potential liability under the Breach Notification Rule.
Click here for more information on the most significant changes to the Breach Notification Rule.
Among the most significant changes of the Final HIPAA amendments are the provisions that extend the Privacy and Security Rules’ stringent compliance obligations to business associates (BA) and expand the definition of BAs to include subcontractors of BAs. Why the changes? The HITECH Act of 2009 specifically extends direct liability to BAs and expands the list of obligations for BAs. The Department of Health & Human Services extends BA obligations even further to ensure the privacy and security of all PHI throughout the HIPAA ecosystem.
Click here to read a summary of the key provisions under the 2013 amendments, as well as factors that may be worthwhile for covered entities and business associates to consider in light of these amendments.
On January 17, 2013 the federal Department of Health & Human Services (“HHS”) announced a final omnibus rule that details amendments to the privacy, security, data breach and enforcement rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The 2013 HIPAA Amendments (which, with commentary from HHS, weighs in at 563 pages) are closely based on statutory changes under the HITECH Act of 2009, and were previewed in proposed and interim rules issued by HHS several years ago. Continue reading HHS (Finally) Announces The HIPAA/HITECH Amendments
We live in the data age where every day a new technology is announced in business- and consumer-oriented ecommerce and mobile health (mhealth). In response, in recent years, federal and state legislators have enacted strict data privacy and security laws, such as HIPAA, COPPA, and Gramm-Leach-Bliley, to protect data whether in electronic (IT) or physical form. This data is known as protected health information under HIPAA and personally identifiable information under other statutes. New federal and state laws also mandate comprehensive data breach responses, including notifications to individuals whose PHI or PII was breached and some agencies and state attorneys general. The shared premise behind these laws is that the public expects the highest standard of data protection from businesses and government. (Whether or not this is true – after all we regularly give our credit card numbers to anonymous persons over the phone – is a subject for another day…)
Continue reading Warning: If You Handle Protected Health Information (PHI) or Personally Identifiable Information (PII), Buy Data Breach and Security Incident Insurance!