Which of the following would not be classified as a business associate?
Most developers in the healthcare space already know that HIPAA is the primary US federal law protecting the privacy and security of personal health data. HIPAA applies in all fifty US States, and protects individually identifiable health information in all forms and media, including hardcopy, digital, imagery, and even spoken conversations. All US medical providers are considered “covered entities” (CEs) under HIPAA, and are directly regulated by HIPAA Regulations (Regs). But many other organizations who do not provide direct medical care, from transcription services to software developers, are now subject to the HIPAA Regs as well, and are known as “Business Associates”. Show
Beginning in September 2013 with the HITECH Act, Business Associates became directly liable for HIPAA compliance. BA Compliance TimelineWhat Is a Business Associate under HIPAA?The Office for Civil Rights (OCR), the official HIPAA enforcement agency, states:
A BA under HIPAA, in simple terms, is any person, company, or other entity that is exposed to “Protected Health Information” (PHI), and performs some work or other function(s) involving the use of PHI on behalf of a CE or another BA. While doctors and hospitals who provide direct medical care are considered CEs under HIPAA, all other entities who handle, process, or are routinely exposed to PHI are classified as Business Associates. Some BAs, like transcription services or medical document storage firms, obtain PHI directly from Covered Entities. Other types of BAs, like app developers, obtain PHI from other Business Associates or from a wide variety of other sources. In every case, it is the presence of PHI that determines whether a given entity is or is not a BA. If PHI is on or in its systems, that entity is a Business Associate. If PHI is not received, stored, processed or used by an entity, that entity is not a BA and is not subject to HIPAA Regs and HIPAA compliance. BA Relationships Follow the PHIBusiness Associates today frequently have a number of other BAs they work with, either upstream or downstream from themselves. An app created by a developer, for example, may obtain PHI originally from a hospital or a series of clinics. When running, that app might send PHI to an A.I. or machine-learning vendor for analytical processing. PHI may also be routed to a voice processing firm for speech-to-text processing. Data at any stage of the app’s functions might be stored on a cloud vendor’s site as it is processed or after processing. Finally, the app itself may be hosted on an app hosting platform or ecosystem. In each of these situations, the presence of PHI determines whether an individual vendor or partner is a BA under HIPAA. If PHI is present or is used, the vendor that handles it is a BA. If PHI is never present Bor used in any way, the vendor is not a BA and is not subject to HIPAA. As Business Associates, Developers Have Direct Liability under HIPAAThe HITECH Act, beginning in late 2013, made Business Associates directly liable for compliance with most of the HIPAA Regulations and applies the same penalties to BAs that apply to Covered Entities. BAs, including developers, are directly liable under HIPAA for the Following:
Business Associate Relationships Are Governed by Business Associate Agreements (BAAs)HIPAA Regs require that in each situation where PHI is exchanged or used between two entities, a written agreement must be in place. These agreements are known as “Business Associate Agreements” (BAAs) and are legally binding contracts, enforceable in courts of law. According to the OCR:
BAA’s between a developer and its various vendors and partners must be in place before PHI is exchanged between the parties, or the exchange becomes a HIPAA violation subject to severe penalties. BA Duties under HIPAA Fall into Two Broad CategoriesDevelopers must understand that their duties as a HIPAA Business Associate fall into two broad categories, 1) duties directly required by HIPAA, and 2) duties required by BA Agreements. ONE – Required by HIPAA (Non-compliance = HIPAA Violation)
– Pursuant to HIPAA – General requirements TWO – Required Only by BA Agreement (Non-compliance = Breach of Contract)
For developers, being a Business Associate under HIPAA can seem daunting. However, fully understanding BA relationships and BA Agreements is essential to avoiding violations and enforcement actions. It’s also necessary for success under HIPAA. For more on Business Associate Agreements (BAAs) check out our next tip, or subscribe below to learn more about MedStack and get tips delivered straight to your inbox. What is not considered a business associate?What Is a “Business Associate?” A “business associate” is a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, a covered entity. A member of the covered entity's workforce is not a business associate.
Which of the following would be considered as a business associate?Examples of Business Associates are lawyers, accountants, IT contractors, billing companies, cloud storage services, email encryption services, web hosts, etc.
What is a business associate HIPAA quizlet?Business Associate under HIPAA. A business associate is a person or entity not part of the covered entity's workforce that provides services to a covered entity involving the use or disclosure of protected health information.
What are the three classifications of people that a business associate has to deal with in regards to HIPAA privacy standard?Broadly speaking, the Security Rule requires that a Business Associate (“BA”) implement three types of safeguards: 1) administrative, 2) physical, and 3) technical.
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