Don’t forget the 23 September 2014 deadline to ensure your business associate agreements comply with the Omnibus Final Rule
By Marcia L Augsburger
Under the Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule published 25 January 2013, 78 Fed. Reg. 5566, covered entities (CEs) with business associate agreements (BAAs) that were entered on or before 25 January 2013 and that were not modified after 26 March 2013 must revise their BAAs by 23 September 2014 as necessary to ensure compliance with the Final Rule. If you are a CE or a business associate (BA) and have not done so already, you may want to inventory all existing BAAs and related subcontracts. If they were executed on or before 25 January 2013, you may need to send revised agreements or amendments to the other contracting parties.
We suggest CEs and BAs pay particular attention to terms requiring the reporting of security incidents. Under the Final Rule, contracts between CEs and BAs must include provisions that require BAs to report to CEs any security incidents of which they become aware. 45 CFR § 164.314(a)(2)(i)(C) and (b)(2)(iv) defines ‘security incident’ as ‘the attempted or successful unauthorised access, use, disclosure, modification or destruction of information or interference with system operations in an information system’…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Health Alert — Julia Clare v Australian Community Pharmacy Authority; Dr Reid v Medical Council of NSW; and more
DLA Piper has released the 22 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.