Understanding When Business Associates Are Directly Liable Under HIPAA

Aimee Jachym and Samantha A. Kopacz of Miller Canfield PLC write:

New guidance issued by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) reaffirms that business associates must have proper HIPAA compliance practices, safeguards and documentation in place in order to avoid costly penalties.

OCR recently released a Fact Sheet summarizing the instances in which a business associate is directly liable for HIPAA violations. While nothing in the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (HIPAA Rules) has changed at this time, the Fact Sheet, released on May 24, 2019, aims to make it easier for regulated entities to understand and comply with their obligations under the law.

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h/t, Lexology

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