• Blog
  • Services
    • PHIshMD Ongoing Training
    • HIPAA Compliance
    • Discover Vulnerabilities to Patient PHI
  • Store
    • HIPAA Secure Now Service Store
  • Contact Us
    • Sales Inquiry
    • Customer Support
  • Resources
    • Free Healthcare Security Check Up Quiz
    • HIPAA Compliance Requirements | A Guide
    • Webinars & Downloadable Content
    • Use our free Breach Cost Calculator
    • HIPAA Secured Seal
    • In-Email Training & Analysis | Catch Phish

Call us at: 877-275-4545

Client or Partner? Login here
HIPAA Secure Now!HIPAA Secure Now!
  • Blog
  • Services
    • PHIshMD Ongoing Training
    • HIPAA Compliance
    • Discover Vulnerabilities to Patient PHI
  • Store
    • HIPAA Secure Now Service Store
  • Contact Us
    • Sales Inquiry
    • Customer Support
  • Resources
    • Free Healthcare Security Check Up Quiz
    • HIPAA Compliance Requirements | A Guide
    • Webinars & Downloadable Content
    • Use our free Breach Cost Calculator
    • HIPAA Secured Seal
    • In-Email Training & Analysis | Catch Phish

Business Associates under the HIPAA Omnibus

February 12, 2013 Posted by Art Gross HIPAA, Policies and Procedures, Risk Assessment, Security Training No Comments

There is lots of buzz about the changes to Business Associates under the new HIPAA Omnibus Rule. Let’s take a look at some of the items that both Covered Entities (CE) and Business Associates (BA) should know about the new HIPAA changes.

Who are Business Associates?

The definition of Business Associates for the most part has not changed. Simply stated, a HIPAA Business Associate is an organization or individual that performs services for a covered entity (healthcare organization) that has access to protected health information (PHI). PHI is also known as patient information.

What did the HIPAA Omnibus Rule do to Business Associates

The new HIPAA rule made Business Associates directly liable for compliance with the HIPAA Security Rule. Here is a quote from the Executive Summary of the HIPAA Omnibus rule:

Make business associates of covered entities directly liable for compliance with certain of the HIPAA Privacy and Security Rules’ requirements.

In addition, the HIPAA Omnibus Rule made subcontractors of Business Associates directly liable for complying with the HIPAA regulations as well. In the past Business Associates of Covered Entities had to have Business Associate Agreements (BAAs) with the Covered Entities. The same is still true but now subcontractors of Business Associates (Business Associates of Business Associates) have to have BAAs as well.

One thing to keep in mind is that an organization can become a Business Associate (to a Covered Entity or to another Business Associate) if they meet the definition of a Business Associate regardless of whether they have a BAA in place or not. Stated another way, an organization can become a Business Associate whether they know it or not, whether they want to or not or whether they have a BAA in place or not. So if an organization is performing services to a CE or BA that requires disclosing PHI there is a good chance the organization is now a Business Associate.

What does a Business Associate need to do under the HIPAA Omnibus Rule?

As we previously stated, the HIPAA Omnibus rule greatly expanded the net of organizations that need to comply with HIPAA regulations. Business Associates are now directly liable for compliance with HIPAA and the HIPAA Security Rule. Here are some high level items that Business Associates need to do to comply:

  • Assign the responsibility of a HIPAA Security Officer to an individual. This person will be responsible for ensuring the organization is complying with the HIPAA Security Rule
  • Perform a HIPAA Risk Assessment to determine risks to PHI and to identify additional security measures that should be implemented to better protect PHI. (Download our free guide to better understand the HIPAA Risk Assessment process)
  • Ensure that all employees receive HIPAA security training on how to protect PHI
  • Implement policies and procedures that address the administrative, technical and physical safeguards of the HIPAA Security Rule
  • Ensure that Business Associate Agreements are in place with all downstream subcontractors (BAs to BAs). HHS has published a sample BAA that organizations can use as a starting point.
  • Notify upstream Covered Entities or Business Associates of any security breaches

Penalties for Business Associates

Now that Business Associates are directly liable for compliance with the HIPAA Security Rule, they could also receive fines from OCR. Depending on who is responsible for a security breach both the CE and BA might be fined if both are found responsible. Fines for BAs are the same as CEs with fines starting at $100 per record all the way up to a maximum of $1,500,000.

Important dates for Business Associate Agreements

The dates for compliance with BAAs are a little confusing. There are a lot of details and conditions. The following is a good rule of thumb.

  • Business Associates need to have HIPAA compliant BAAs with subcontractors in place by September 23, 2013
  • Covered Entities need to modify existing BAAs by September 24, 2014. If an existing BAA is modified after September 22, 2013 then it will need to ensure that it is compliant with the new Omnibus rules

Next Steps

The HIPAA Omnibus Rule greatly expands which organizations are responsible for complying with HIPAA. Many of these organizations have not put in place the required security measures to ensure compliance. We have developed our HIPAA Business Associate Program to address the needs of Business Associates. Take our 4 question quiz to help determine if your organization is now a Business Associate. If you determine that your organization is a Business Associate, we can help with our quick, easy and inexpensive path to HIPAA compliance!

Tags: Business AssociateHIPAA FinePolicies and ProceduresRisk AssessmentSecurity Training
No Comments
Share
0

You also might be interested in

Introducing HIPAA Secure Now!

Feb 13, 2011

We are proud to announce the launch of the HIPAA[...]

Why perform a Risk Assessment?

Feb 15, 2011

A Risk Assessment is required in order to comply with[...]

Employee training might produce the best security ROI

Employee training might produce the best security ROI

Feb 21, 2011

There are countless security products on the market today. You[...]

Leave a Reply Cancel Reply

Recent Posts

  • HIPAA Security Policies
  • Restructuring the OCR
  • HIPAA: P for Portability
  • OCR Healthcare Report Released
  • HIPAA Compliance & Cybersecurity: How They Differ

Recent Comments

  • Milan on PHI or PII – What’s the Difference?
  • Automatic Backlinks on Free HIPAA Security Training!
  • Lisa Porter on Free HIPAA Security Training!
  • Roseanne ruiz on Health Apps & HIPAA
  • Roseanne ruiz on PHI or PII – What’s the Difference?

Archives

  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011

Categories

  • Backup & Disaster Recovery
  • Business Associates
  • Client News
  • Download
  • Healthcare Industry
  • HIPAA
  • HIPAA Audits
  • HIPAA Violations
  • HSN News
  • Legal
  • MACRA
  • Policies and Procedures
  • Press Release
  • Remote Workforce
  • Risk Assessment
  • Scams
  • Security
  • Security Reminders
  • Security Training
  • Telehealth
  • Uncategorized
  • Webinar
  • Website

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Contact Us

  • HIPAA Secure Now
  • 55 Madison Ave, Suite 400 Morristown, NJ 07960
  • (877) 275 - 4545
  • info@hipaasecurenow.com

Find us on Social Media

Recent Posts

  • HIPAA Security Policies March 21, 2023
  • Restructuring the OCR March 14, 2023
  • HIPAA: P for Portability March 7, 2023
  • OCR Healthcare Report Released February 28, 2023
  • HIPAA Compliance & Cybersecurity: How They Differ February 21, 2023

Subscribe to our Newsletter

  • Hidden

© 2023 · HIPAA Secure Now!

Prev Next