DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Can a Business Associate be Liable for a HIPAA Breach When Its Client Isn’t a Covered Entity?

Posted on December 24, 2015 by Dissent

Yesterday morning, some of were following up on a ProPublica report  about a New Jersey clinic who, when suing patients for overdue accounts, included their diagnostic codes in materials sent to their collection agency. Those records – containing the patients’ names, diagnostic codes, and treatment codes – became part of public court records.

There were some interesting questions raised by the case. The Short Hills Associates in Clinical Psychology provides its patients with its notice of privacy practices, but when an aggrieved patient filed a complaint with HHS over the disclosure of his diagnostic code, OCR closed the case without action because the clinic – using paper records for transactions – was not a HIPAA-covered entity.

But what about the collection agency? If the clinic was not a HIPAA-covered entity, was the collection then not a Business Associate under HIPAA? At first blush, it might seem unreasonable to think that they could still be a business associate and subject to HIPAA’s restrictions on only disclosing what is necessary to obtain payment.

But Texas attorney Jeff Drummond raised some very interesting points in our discussion, including one that if the collection agency was a BA for any other entity, then they might be covered by HIPAA to protect all clients’ patient records.

Jeff has blogged about the issues raised by this case on HIPAA Blog. It’s a post – and interpretation of HIPAA – that I found surprising, to say the least. I would love to see a panel discuss this issue at a conference. In the meantime, I may shoot a link to it over to HHS to ask for their reaction.

In the meantime, go read Jeff’s post.


Related:

  • Two more entities have folded after ransomware attacks
  • British institutions to be banned from paying ransoms to Russian hackers
  • Data breach feared after cyberattack on AMEOS hospitals in Germany
  • Global hack on Microsoft product hits U.S., state agencies, researchers say
  • Premier Health Partners issues a press release about a breach two years ago. Why was this needed now?
  • Theft from Glasgow’s Queen Elizabeth University Hospital sparks probe
Category: Health DataOf Note

Post navigation

← Feds widen probe into lottery IT boss who rooted game for profit
Dumont hospital employees shocked Dr. Fernando Rojas returning to work →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • BlackSuit ransomware site seized as part of Operation Checkmate
  • The day after XSS.is forum was seized, it struggles to come back online — but is it really them?
  • U.S. nuclear and health agencies hit in Microsoft SharePoint breach
  • Russia suspected of hacking Dutch prosecution service systems
  • Korea imposes 343 million won penalty on HAESUNG DS for data breach of 70,000 shareholders
  • Paying cyberattackers is wrong, right? Should Taos County’s incident be an exception? (1)
  • HHS OCR Settles HIPAA Ransomware Investigation with Syracuse ASC for $250k plus corrective action plan
  • IVF provider Genea notifies patients about the cyberattack earlier this year.
  • Key figure behind major Russian-speaking cybercrime forum targeted in Ukraine
  • Clorox Files $380M Suit Alleging Cognizant Gave Hackers Passwords in Catastrophic 2023 Cyberattack

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Indonesia asked to reassess data privacy terms in new U.S. trade deal
  • Meta Denies Tracking Menstrual Data in Flo Health Privacy Trial
  • Wikipedia seeks to shield contributors from UK law targeting online anonymity
  • British government reportedlu set to back down on secret iCloud backdoor after US pressure
  • Idaho agrees not to prosecute doctors for out-of-state abortion referrals
  • As companies race to add AI, terms of service changes are going to freak a lot of people out. Think twice before granting consent!
  • Uganda orders Google to register as a data-controller within 30 days after landmark privacy ruling

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.