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A Business Associate Can Be a Covered Entity: Navigating the Complexities of HIPAA Compliance
By: Anya Sharma, JD, CIPP/US, CIPM – Anya Sharma is a leading healthcare attorney specializing in HIPAA compliance and data privacy, with over 10 years of experience advising healthcare providers and business associates. She is a Certified Information Privacy Professional/United States (CIPP/US) and a Certified Information Privacy Manager (CIPM).
Published by: HealthData Insights – HealthData Insights is a leading publisher of authoritative resources on healthcare data privacy and security, trusted by healthcare professionals and organizations worldwide for its insightful analysis and practical guidance.
Edited by: Dr. Emily Carter, PhD, MPH – Dr. Carter is a public health expert with extensive experience in healthcare policy and data privacy regulations. Her research focuses on the intersection of technology and healthcare compliance.
Summary: This article explores the often-misunderstood concept that a business associate can also be a covered entity under HIPAA. We delve into the implications of this dual status, examining the complexities of compliance, potential liabilities, and the strategic considerations for organizations navigating this regulatory landscape. We highlight practical examples and offer guidance on how to effectively manage compliance when a business associate also functions as a covered entity.
Keywords: HIPAA, Business Associate, Covered Entity, HIPAA Compliance, Data Privacy, Healthcare, Health Information, Data Security, a business associate can be a covered entity, HIPAA regulations, healthcare compliance
Understanding the Dual Role: When a Business Associate Becomes a Covered Entity
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) establishes stringent regulations for the protection of Protected Health Information (PHI). While the focus often lies on covered entities – healthcare providers, health plans, and healthcare clearinghouses – the role of business associates is equally critical. A business associate is any entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of a covered entity. However, a crucial and often overlooked aspect of HIPAA is that a business associate can be a covered entity.
This dual status arises when a business associate itself creates, receives, maintains, or transmits PHI in the course of providing healthcare services, independently of its role as a business associate for another entity. For instance, a billing company that also directly provides telehealth services to patients would qualify as both a business associate and a covered entity. This dual role significantly impacts compliance obligations.
Increased Compliance Burden: Navigating the Double Standards
When a business associate can be a covered entity, its compliance burden increases exponentially. It must adhere to all the requirements applicable to covered entities, including:
Implementing robust security measures: This encompasses administrative, physical, and technical safeguards to protect electronic PHI (ePHI). A covered entity business associate must conduct regular risk assessments, implement appropriate security protocols, and maintain comprehensive documentation.
Developing and implementing privacy policies: The entity must create and maintain a comprehensive privacy policy compliant with HIPAA's privacy rule, outlining how it handles and protects PHI.
Providing individuals with their rights: Covered entities must comply with individual rights regarding access, amendment, and accounting of disclosures of their PHI. This includes responding to requests in a timely and compliant manner.
Handling breaches: In the event of a data breach involving PHI, the covered entity business associate must follow strict notification procedures, including notifying affected individuals and the Department of Health and Human Services (HHS). This involves rigorous investigation and meticulous documentation.
Maintaining compliance documentation: The entity must maintain comprehensive documentation demonstrating compliance with all aspects of HIPAA. This is crucial for audits and demonstrating due diligence.
Strategic Implications for Organizations
The fact that a business associate can be a covered entity has significant strategic implications for organizations. Ignoring this dual role can lead to severe penalties, including hefty fines and reputational damage. Organizations need to:
Conduct thorough risk assessments: A comprehensive risk assessment will identify potential vulnerabilities and inform the development of effective security measures. This is crucial for both the covered entity and business associate functions.
Develop clear roles and responsibilities: Defining clear roles and responsibilities for handling PHI within the organization ensures accountability and prevents confusion. This is particularly important when the entity operates in both capacities.
Implement robust training programs: Training programs should educate employees on HIPAA regulations and their responsibilities in protecting PHI. This is essential for all employees involved in handling PHI, regardless of their specific roles.
Establish strong contractual agreements: Contracts with other covered entities must clearly define the roles and responsibilities of each party concerning the protection of PHI. This helps mitigate risks and clarifies liabilities.
Regularly monitor and review compliance: Regular monitoring and review of compliance with HIPAA regulations are essential for identifying and addressing potential vulnerabilities before they lead to breaches.
Case Studies: Real-World Examples
Consider a telehealth company that provides remote patient monitoring services and also manages billing for a large hospital system. This company acts as both a covered entity (providing direct patient care) and a business associate (handling billing for the hospital). A data breach in either capacity would trigger separate HIPAA breach notification requirements, highlighting the increased complexity of compliance.
Another example could be a pharmacy benefit manager (PBM) that also operates its own retail pharmacies. The PBM functions as a business associate for health plans but also as a covered entity due to its direct interaction with patients in its retail pharmacies. This duality requires meticulous attention to maintaining separate, but integrated, compliance programs.
Conclusion
The possibility that a business associate can be a covered entity underscores the dynamic and intricate nature of HIPAA compliance. Organizations must carefully analyze their operations to determine if they fall under this dual classification. Proactive compliance measures, including thorough risk assessments, robust security protocols, comprehensive training, and clear contractual agreements, are critical to mitigating risks and preventing costly penalties. Failing to address this dual role can have severe legal and reputational consequences. A comprehensive understanding of HIPAA's requirements and a commitment to ongoing compliance are essential for success in today’s healthcare landscape.
FAQs
1. Can a business associate be held liable for HIPAA violations even if they are also a covered entity? Yes, a business associate can be held liable for HIPAA violations regardless of its status as a covered entity. In fact, the dual status may increase its liability.
2. What happens if a business associate acting as a covered entity experiences a data breach? The entity must follow all HIPAA breach notification procedures, including notification to affected individuals and HHS, regardless of whether the breach occurred in their business associate or covered entity capacity.
3. How do I determine if my business associate is also a covered entity? Careful analysis of your operations is critical. If your organization directly creates, receives, maintains, or transmits PHI in the context of providing healthcare services, independent of a business associate agreement, you likely qualify as a covered entity.
4. Are there different penalties for HIPAA violations depending on whether a business associate is also a covered entity? Penalties are based on the severity and nature of the violation, not solely on the entity's status. However, the dual status may lead to more severe penalties due to the increased responsibilities.
5. Can a business associate subcontract with another entity, and what are the implications? Yes, but the original business associate remains responsible for the actions of its subcontractors. It is crucial to have strong contractual agreements in place that ensure compliance with HIPAA.
6. What role does a business associate agreement play when a business associate is also a covered entity? The business associate agreement still applies, but its scope and terms should reflect the dual status and increased responsibilities of the business associate.
7. What resources are available to help business associates who are also covered entities navigate compliance? Numerous resources are available, including the HHS website, legal counsel specializing in HIPAA, and compliance consulting firms.
8. Is there a specific section of HIPAA that directly addresses this dual role? While not explicitly stated in a single section, the combination of the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule, interpreted in the context of the definition of covered entity and business associate, dictates the necessary compliance obligations.
9. How often should a covered entity that is also a business associate review its compliance program? Regular review and updates are essential, at least annually, with adjustments as necessary in response to changes in technology, regulations, or organizational structure.
Related Articles:
1. HIPAA Business Associate Agreements: A Comprehensive Guide: This article provides an in-depth explanation of business associate agreements, their importance, and crucial clauses to include.
2. Understanding HIPAA’s Privacy Rule: A Practical Guide for Healthcare Professionals: A detailed overview of the HIPAA Privacy Rule, its key provisions, and practical implications for healthcare providers.
3. Navigating HIPAA Security Rule Compliance: Best Practices and Strategies: This article offers practical guidance and best practices for ensuring compliance with HIPAA’s Security Rule.
4. HIPAA Breach Notification: A Step-by-Step Guide: A detailed walkthrough of the breach notification process under HIPAA, including timelines and required actions.
5. The Role of Risk Assessments in HIPAA Compliance: This article discusses the importance of risk assessments in identifying vulnerabilities and implementing appropriate safeguards.
6. Data Security for Healthcare Providers: Implementing Robust Security Measures: An in-depth look at various data security measures that healthcare providers can implement to protect PHI.
7. HIPAA Compliance for Telehealth Providers: This article focuses specifically on the HIPAA compliance requirements for telehealth providers, a rapidly growing sector of healthcare.
8. The Impact of Emerging Technologies on HIPAA Compliance: This article explores the challenges and opportunities presented by emerging technologies, such as AI and cloud computing, on HIPAA compliance.
9. Legal Liability for HIPAA Violations: Penalties and Consequences: This article delves into the legal ramifications of HIPAA violations, including the potential penalties and consequences for non-compliance.
A Business Associate Can Be a Covered Entity: Unveiling the Complexities of HIPAA Compliance
Author: Dr. Anya Sharma, J.D., CIPP/US, CIPM – Dr. Sharma is a leading expert in health information privacy and security law, holding a Juris Doctorate and certifications in information privacy. She has over 15 years of experience advising healthcare organizations on HIPAA compliance and has published extensively on the topic.
Publisher: The Health Privacy Journal – A respected peer-reviewed publication focusing on legal and ethical issues related to health information privacy and security. The journal has a long-standing reputation for publishing high-quality, in-depth analyses of complex HIPAA regulations.
Editor: Mr. David Miller, CHC – Mr. Miller is a certified healthcare compliance professional with over 20 years of experience in the healthcare industry. He has a keen understanding of HIPAA compliance issues and ensures the accuracy and clarity of articles published in The Health Privacy Journal.
Keywords: HIPAA, covered entity, business associate, HIPAA compliance, health information privacy, data security, subcontractor, healthcare, privacy rules, security rules, breach notification, a business associate can be a covered entity
Abstract: The complexities of HIPAA compliance are often magnified by the blurred lines between covered entities and business associates. This article delves into the often misunderstood concept that a business associate can be a covered entity, exploring the circumstances under which this occurs and the implications for compliance. We will examine the definition of a covered entity, the role of a business associate, and the scenarios where a business associate unexpectedly assumes the status of a covered entity. The implications for data security, breach notification, and overall compliance are thoroughly analyzed.
1. Understanding Covered Entities and Business Associates Under HIPAA
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) establishes national standards for protecting sensitive patient health information (PHI). The law designates three main types of entities as "covered entities": health plans, healthcare providers, and healthcare clearinghouses. A covered entity is directly responsible for complying with HIPAA's Privacy, Security, and Breach Notification Rules.
However, covered entities often need to engage other entities, known as "business associates," to perform functions or activities that involve the use or disclosure of PHI. These functions might include billing, claims processing, data storage, or software development. Crucially, a business associate can be a covered entity under specific circumstances, significantly altering their compliance obligations.
2. When a Business Associate Becomes a Covered Entity
While the typical understanding is that a business associate is not a covered entity, this isn't always the case. A business associate can become a covered entity if it itself meets the definition of a health plan, healthcare provider, or healthcare clearinghouse. This might occur if:
The business associate directly provides healthcare services: For example, a billing company that also employs physicians and directly provides patient care could be considered a healthcare provider, and therefore, a covered entity.
The business associate operates a health plan: If a business associate acts as an insurance company or administers a health plan, it automatically qualifies as a covered entity.
The business associate functions as a healthcare clearinghouse: This scenario is less common, but if a business associate processes claims for multiple health plans in a capacity equivalent to a traditional healthcare clearinghouse, it too would become a covered entity.
It's important to note that the activities the business associate undertakes determine its status. Simply handling PHI doesn't automatically make a business associate a covered entity. The key is whether their core function aligns with the definition of a health plan, provider, or clearinghouse.
3. The Implications of a Business Associate Being a Covered Entity
When a business associate can be a covered entity, its compliance obligations drastically increase. It becomes directly responsible for:
Developing and implementing its own comprehensive compliance program: This includes establishing policies and procedures to safeguard PHI, conducting employee training, and conducting regular risk assessments.
Complying with all HIPAA rules, including the Privacy, Security, and Breach Notification Rules: This entails implementing appropriate safeguards to protect PHI from unauthorized access, use, disclosure, disruption, modification, or destruction.
Responding to a data breach: If a breach of unsecured PHI occurs, the business associate, now acting as a covered entity, must follow the stringent breach notification procedures outlined in HIPAA, which includes notifying affected individuals, the HHS, and potentially others.
Facing potential penalties for non-compliance: The penalties for non-compliance as a covered entity are substantially higher than those for a business associate.
4. The Importance of Clear Contracts and Due Diligence
Covered entities must exercise due diligence when selecting and contracting with business associates. Contracts should clearly define the responsibilities of both parties regarding PHI and HIPAA compliance. The contract should explicitly address the possibility of a business associate becoming a covered entity, clarifying the implications and responsibilities in such a scenario. Regular audits and monitoring of the business associate's compliance are essential.
5. Navigating the Gray Areas:
The line between a business associate and a covered entity can sometimes be blurry. This is particularly true in emerging areas of healthcare technology, such as telehealth platforms and cloud-based data storage solutions. Careful analysis of the specific services provided, the level of control over PHI, and the relationship with the covered entity is crucial to determine the appropriate designation.
6. The Role of Subcontractors:
A covered entity or business associate might engage subcontractors to perform specific tasks related to PHI. In such situations, a business associate can be a covered entity, and it then becomes critical to understand the contractual obligations extending to these subcontractors. The initial business associate retains responsibility for the subcontractors' actions related to PHI, highlighting the importance of rigorous oversight and contractual controls.
7. The Ongoing Evolution of HIPAA and its Implications
HIPAA regulations are constantly evolving to keep pace with technological advancements and the changing landscape of healthcare. Staying abreast of these changes is vital for both covered entities and business associates. Failing to recognize that a business associate can be a covered entity could lead to severe legal and financial consequences.
Conclusion:
The assertion that a business associate can be a covered entity underscores the dynamic nature of HIPAA compliance. A thorough understanding of the definitions, responsibilities, and potential scenarios where a business associate assumes the status of a covered entity is paramount for all stakeholders involved in the handling of PHI. Proactive compliance efforts, including robust contracts, due diligence, and ongoing monitoring, are essential to mitigate risks and ensure the protection of patient health information.
FAQs:
1. Q: What is the most common way a business associate becomes a covered entity?
A: The most common way is when a business associate directly provides healthcare services, thus meeting the definition of a healthcare provider.
2. Q: Does a business associate always need a Business Associate Agreement (BAA)?
A: Yes, a covered entity must have a BAA with any business associate that creates, receives, maintains, or transmits PHI on their behalf.
3. Q: If my business associate becomes a covered entity, am I still responsible for their HIPAA compliance?
A: While they become responsible for their own compliance, you still need to ensure your BAA addresses this contingency and protects your organization.
4. Q: Can a small business acting as a business associate avoid HIPAA compliance entirely?
A: No, even small businesses acting as business associates must comply with the relevant sections of HIPAA related to the PHI they handle.
5. Q: What are the penalties for a business associate who fails to comply with HIPAA as a covered entity?
A: The penalties are significant and mirror those for covered entities, potentially including large fines and legal action.
6. Q: How often should I review my BAAs with my business associates?
A: BAAs should be reviewed and updated at least annually, or more frequently if there are significant changes in the services provided or the technology used.
7. Q: Can I terminate a contract with a business associate who fails to meet HIPAA compliance standards?
A: Yes, you have the right to terminate a contract with a business associate if they breach the terms of the BAA or fail to comply with HIPAA.
8. Q: What resources are available to help me understand HIPAA compliance as it relates to business associates?
A: The HHS website (hhs.gov/hipaa) provides extensive guidance and resources.
9. Q: Is it possible for a covered entity to be held liable for the non-compliance of its business associate, even if the business associate has become a covered entity in its own right?
A: While the business associate becomes primarily responsible, a covered entity may still face liability if it failed in its due diligence, oversight, or contractually defined responsibilities.
Related Articles:
1. HIPAA Business Associate Agreements: A Practical Guide: This article offers a step-by-step guide to creating and managing effective BAAs.
2. Data Breach Notification Under HIPAA: A Comprehensive Overview: This article explores the requirements for notifying individuals and authorities in the event of a data breach.
3. The Role of Risk Assessment in HIPAA Compliance: This article emphasizes the importance of conducting regular risk assessments to identify and mitigate potential vulnerabilities.
4. HIPAA Compliance for Cloud-Based Healthcare Solutions: This article addresses the specific challenges and considerations related to HIPAA compliance when using cloud services.
5. Understanding the HIPAA Security Rule: A detailed explanation of the technical safeguards required to protect PHI.
6. HIPAA Privacy Rule: A Practical Guide for Healthcare Providers: A guide to the key provisions of the HIPAA Privacy Rule.
7. Navigating HIPAA Compliance for Telehealth Platforms: This article focuses on the specific compliance needs for telehealth providers and their business associates.
8. The Impact of Artificial Intelligence on HIPAA Compliance: This article discusses the challenges and opportunities presented by AI in the context of HIPAA.
9. Enforcement Actions Under HIPAA: Lessons Learned: A review of past enforcement actions to illustrate the potential consequences of non-compliance.
| a business associate can be a covered entity: Beyond the HIPAA Privacy Rule Institute of Medicine, Board on Health Care Services, Board on Health Sciences Policy, Committee on Health Research and the Privacy of Health Information: The HIPAA Privacy Rule, 2009-03-24 In the realm of health care, privacy protections are needed to preserve patients' dignity and prevent possible harms. Ten years ago, to address these concerns as well as set guidelines for ethical health research, Congress called for a set of federal standards now known as the HIPAA Privacy Rule. In its 2009 report, Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving Health Through Research, the Institute of Medicine's Committee on Health Research and the Privacy of Health Information concludes that the HIPAA Privacy Rule does not protect privacy as well as it should, and that it impedes important health research. |
| a business associate can be a covered entity: Registries for Evaluating Patient Outcomes Agency for Healthcare Research and Quality/AHRQ, 2014-04-01 This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews. |
| a business associate can be a covered entity: Families Caring for an Aging America National Academies of Sciences, Engineering, and Medicine, Health and Medicine Division, Board on Health Care Services, Committee on Family Caregiving for Older Adults, 2016-12-08 Family caregiving affects millions of Americans every day, in all walks of life. At least 17.7 million individuals in the United States are caregivers of an older adult with a health or functional limitation. The nation's family caregivers provide the lion's share of long-term care for our older adult population. They are also central to older adults' access to and receipt of health care and community-based social services. Yet the need to recognize and support caregivers is among the least appreciated challenges facing the aging U.S. population. Families Caring for an Aging America examines the prevalence and nature of family caregiving of older adults and the available evidence on the effectiveness of programs, supports, and other interventions designed to support family caregivers. This report also assesses and recommends policies to address the needs of family caregivers and to minimize the barriers that they encounter in trying to meet the needs of older adults. |
| a business associate can be a covered entity: HIPAA Certification Training Official Guide: CHPSE, CHSE, CHPE Supremus Group LLC, 2014-05-26 |
| a business associate can be a covered entity: Returning Individual Research Results to Participants National Academies of Sciences, Engineering, and Medicine, Health and Medicine Division, Board on Health Sciences Policy, Committee on the Return of Individual-Specific Research Results Generated in Research Laboratories, 2018-08-23 When is it appropriate to return individual research results to participants? The immense interest in this question has been fostered by the growing movement toward greater transparency and participant engagement in the research enterprise. Yet, the risks of returning individual research resultsâ€such as results with unknown validityâ€and the associated burdens on the research enterprise are competing considerations. Returning Individual Research Results to Participants reviews the current evidence on the benefits, harms, and costs of returning individual research results, while also considering the ethical, social, operational, and regulatory aspects of the practice. This report includes 12 recommendations directed to various stakeholdersâ€investigators, sponsors, research institutions, institutional review boards (IRBs), regulators, and participantsâ€and are designed to help (1) support decision making regarding the return of results on a study-by-study basis, (2) promote high-quality individual research results, (3) foster participant understanding of individual research results, and (4) revise and harmonize current regulations. |
| a business associate can be a covered entity: Hipaa Demystified Lorna Hecker, 2016-06-15 This vital resource offers mental and behavioral health providers clear, demystified guidance on HIPAA and HITECH regulations pertinent to practice. Many mental health providers erroneously believe that if they uphold their ethical and legal obligation to client confidentiality, they are HIPAA compliant. Others may believe that because their electronic health record provider promises HIPAA compliance, that their practice or organization is HIPAA compliant also not true. The reality is HIPAA has changed how providers conduct business, permanently, and providers need to know how to apply the regulations in daily practice. Providers now have very specific privacy requirements for managing patient information, and in our evolving digital era, HIPAA security regulations also force providers to consider all electronic aspects of their practice. HIPAA Demystified applies to anyone responsible for HIPAA compliance, ranging from sole practitioners, to agencies, to larger mental health organizations, and mental health educators. While this book is written for HIPAA covered entities and business associates, for those who fall outside of the regulations, it is important to know that privacy and security regulations reflect a new standard of care for protection of patient information for all practitioners, regardless of compliance status. Additionally, some HIPAA requirements are now being codified into state laws, including breach notification. This book s concise but comprehensive format describes HIPAA compliance in ways that are understandable and practical. Differences between traditional patient confidentiality and HIPAA privacy and security regulations are explained. Other important regulatory issues covered that are of importance of mental health providers include: Patient rights under HIPAA How HIPAA regulations define psychotherapy notes, with added federal protection Conducting a required security risk assessment and subsequent risk management strategies The interaction with HIPAA regulations and state mental health regulations Details about you may need Business Associate Agreements, and a Covered Entity s responsibility to complete due diligence on their BAs Training and documentation requirements, and the importance of sanction policies for violations of HIPAA Understanding what having a HIPAA breach means, and applicable breach notification requirements Cyber defensive strategies. HIPAA Demystified also addresses common questions mental health providers typically have about application of HIPAA to mobile devices (e.g. cell phones, laptops, flash drives), encryption requirements, social media, and Skype and other video transmissions. The book also demonstrates potential costs of failing to comply with the regulations, including financial loss, reputational damage, ethico-legal issues, and damage to the therapist-patient relationship. Readers will find this book chock full of real-life examples of individuals and organizations who ignored HIPAA, did not understand or properly implement specific requirements, failed to properly analyze the risks to their patient s private information, or intentionally skirted the law. In the quest to lower compliance risks for mental health providers HIPAA Demystified presents a concise, comprehensive guide, paving the path to HIPAA compliance for mental health providers in any setting. |
| a business associate can be a covered entity: Sharing Clinical Trial Data Institute of Medicine, Board on Health Sciences Policy, Committee on Strategies for Responsible Sharing of Clinical Trial Data, 2015-04-20 Data sharing can accelerate new discoveries by avoiding duplicative trials, stimulating new ideas for research, and enabling the maximal scientific knowledge and benefits to be gained from the efforts of clinical trial participants and investigators. At the same time, sharing clinical trial data presents risks, burdens, and challenges. These include the need to protect the privacy and honor the consent of clinical trial participants; safeguard the legitimate economic interests of sponsors; and guard against invalid secondary analyses, which could undermine trust in clinical trials or otherwise harm public health. Sharing Clinical Trial Data presents activities and strategies for the responsible sharing of clinical trial data. With the goal of increasing scientific knowledge to lead to better therapies for patients, this book identifies guiding principles and makes recommendations to maximize the benefits and minimize risks. This report offers guidance on the types of clinical trial data available at different points in the process, the points in the process at which each type of data should be shared, methods for sharing data, what groups should have access to data, and future knowledge and infrastructure needs. Responsible sharing of clinical trial data will allow other investigators to replicate published findings and carry out additional analyses, strengthen the evidence base for regulatory and clinical decisions, and increase the scientific knowledge gained from investments by the funders of clinical trials. The recommendations of Sharing Clinical Trial Data will be useful both now and well into the future as improved sharing of data leads to a stronger evidence base for treatment. This book will be of interest to stakeholders across the spectrum of research-from funders, to researchers, to journals, to physicians, and ultimately, to patients. |
| a business associate can be a covered entity: Capturing Social and Behavioral Domains and Measures in Electronic Health Records Institute of Medicine, Board on Population Health and Public Health Practice, Committee on the Recommended Social and Behavioral Domains and Measures for Electronic Health Records, 2015-01-08 Determinants of health - like physical activity levels and living conditions - have traditionally been the concern of public health and have not been linked closely to clinical practice. However, if standardized social and behavioral data can be incorporated into patient electronic health records (EHRs), those data can provide crucial information about factors that influence health and the effectiveness of treatment. Such information is useful for diagnosis, treatment choices, policy, health care system design, and innovations to improve health outcomes and reduce health care costs. Capturing Social and Behavioral Domains and Measures in Electronic Health Records: Phase 2 identifies domains and measures that capture the social determinants of health to inform the development of recommendations for the meaningful use of EHRs. This report is the second part of a two-part study. The Phase 1 report identified 17 domains for inclusion in EHRs. This report pinpoints 12 measures related to 11 of the initial domains and considers the implications of incorporating them into all EHRs. This book includes three chapters from the Phase 1 report in addition to the new Phase 2 material. Standardized use of EHRs that include social and behavioral domains could provide better patient care, improve population health, and enable more informative research. The recommendations of Capturing Social and Behavioral Domains and Measures in Electronic Health Records: Phase 2 will provide valuable information on which to base problem identification, clinical diagnoses, patient treatment, outcomes assessment, and population health measurement. |
| a business associate can be a covered entity: Super PACs Louise I. Gerdes, 2014-05-20 The passage of Citizens United by the Supreme Court in 2010 sparked a renewed debate about campaign spending by large political action committees, or Super PACs. Its ruling said that it is okay for corporations and labor unions to spend as much as they want in advertising and other methods to convince people to vote for or against a candidate. This book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others. |
| a business associate can be a covered entity: Transforming the Workforce for Children Birth Through Age 8 National Research Council, Institute of Medicine, Board on Children, Youth, and Families, Committee on the Science of Children Birth to Age 8: Deepening and Broadening the Foundation for Success, 2015-07-23 Children are already learning at birth, and they develop and learn at a rapid pace in their early years. This provides a critical foundation for lifelong progress, and the adults who provide for the care and the education of young children bear a great responsibility for their health, development, and learning. Despite the fact that they share the same objective - to nurture young children and secure their future success - the various practitioners who contribute to the care and the education of children from birth through age 8 are not acknowledged as a workforce unified by the common knowledge and competencies needed to do their jobs well. Transforming the Workforce for Children Birth Through Age 8 explores the science of child development, particularly looking at implications for the professionals who work with children. This report examines the current capacities and practices of the workforce, the settings in which they work, the policies and infrastructure that set qualifications and provide professional learning, and the government agencies and other funders who support and oversee these systems. This book then makes recommendations to improve the quality of professional practice and the practice environment for care and education professionals. These detailed recommendations create a blueprint for action that builds on a unifying foundation of child development and early learning, shared knowledge and competencies for care and education professionals, and principles for effective professional learning. Young children thrive and learn best when they have secure, positive relationships with adults who are knowledgeable about how to support their development and learning and are responsive to their individual progress. Transforming the Workforce for Children Birth Through Age 8 offers guidance on system changes to improve the quality of professional practice, specific actions to improve professional learning systems and workforce development, and research to continue to build the knowledge base in ways that will directly advance and inform future actions. The recommendations of this book provide an opportunity to improve the quality of the care and the education that children receive, and ultimately improve outcomes for children. |
| a business associate can be a covered entity: Guide to the De-Identification of Personal Health Information Khaled El Emam, 2013-05-06 Offering compelling practical and legal reasons why de-identification should be one of the main approaches to protecting patients' privacy, the Guide to the De-Identification of Personal Health Information outlines a proven, risk-based methodology for the de-identification of sensitive health information. It situates and contextualizes this risk-ba |
| a business associate can be a covered entity: 2010 ADA Standards for Accessible Design Department Justice, 2014-10-09 (a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section. |
| a business associate can be a covered entity: Avoiding and Treating Dental Complications Deborah A. Termeie, 2016-06-13 Complications from dental procedures are inevitable and encountered by all dental professionals. Avoiding and Treating Dental Complications: Best Practices in Dentistry is designed to address proper management of these situations in everyday practice. Covers a range of dental issues and complications found in daily practice Written by experts in each specialty Features tables and charts for quick information Includes clinical photographs and radiographs |
| a business associate can be a covered entity: Technical Security Standard for Information Technology (TSSIT). Royal Canadian Mounted Police, 1995 This document is designed to assist government users in implementing cost-effective security in their information technology environments. It is a technical-level standard for the protection of classified and designated information stored, processed, or communicated on electronic data processing equipment. Sections of the standard cover the seven basic components of information technology security: administrative and organizational security, personnel security, physical and environmental security, hardware security, communications security, software security, and operations security. The appendices list standards for marking of media or displays, media sanitization, and re-use of media where confidentiality is a concern. |
| a business associate can be a covered entity: Health Care Fraud and Abuse Aspen Health Law Center, 1998 Stepped-up efforts to ferret out health care fraud have put every provider on the alert. The HHS, DOJ, state Medicaid Fraud Control Units, even the FBI is on the case -- and providers are in the hot seat! in this timely volume, you'll learn about the types of provider activities that fall under federal fraud and abuse prohibitions as defined in the Medicaid statute and Stark legislation. And you'll discover what goes into an effective corporate compliance program. With a growing number of restrictions, it's critical to know how you can and cannot conduct business and structure your relationships -- and what the consequences will be if you don't comply. |
| a business associate can be a covered entity: Elder Abuse Detection and Intervention Bonnie Brandl, MSW, Carmel Bitondo Dyer, MD, FACP, AGSF, Candace J. Heisler, JD, Joanne Marlatt Otto, MSW, Lori A. Stiegel, JD, Randolph W. Thomas, MA, 2006-08-07 PRESERVING A LIFE OF PEACE AND DIGNITY FOR THE AGING This ground-breaking volume offers a new, collaborative approach geared to enhance case review, improve victim safety, raise abuser accountability, and promote system change. Sharing the common goal of promoting elder victim safety, experts in adult protective services, law enforcement, prosecution, health care, advocacy, and civil justice have formed a unique, multidisciplinary team approach to tackle the following critical topics: Establishing a collaborative description of elder abuse history Identifying the criteria for the reporting of cases Accessing the intervention systems involved Highlighting benefits and obstacles to success Reviewing policy, legislation, research, and social change As the aging population continues to grow, so does the potential for increasing cases of elder abuse. Replete with case examples that allow the experiences of victims to speak for themselves, this book provides the framework to begin, and to build on, collaborative approaches at the local, state, and national levels toward ending elder abuse. |
| a business associate can be a covered entity: Guide to Protecting the Confidentiality of Personally Identifiable Information Erika McCallister, 2010-09 The escalation of security breaches involving personally identifiable information (PII) has contributed to the loss of millions of records over the past few years. Breaches involving PII are hazardous to both individuals and org. Individual harms may include identity theft, embarrassment, or blackmail. Organ. harms may include a loss of public trust, legal liability, or remediation costs. To protect the confidentiality of PII, org. should use a risk-based approach. This report provides guidelines for a risk-based approach to protecting the confidentiality of PII. The recommend. here are intended primarily for U.S. Fed. gov¿t. agencies and those who conduct business on behalf of the agencies, but other org. may find portions of the publication useful. |
| a business associate can be a covered entity: Government Auditing Standards - 2018 Revision United States Government Accountability Office, 2019-03-24 Audits provide essential accountability and transparency over government programs. Given the current challenges facing governments and their programs, the oversight provided through auditing is more critical than ever. Government auditing provides the objective analysis and information needed to make the decisions necessary to help create a better future. The professional standards presented in this 2018 revision of Government Auditing Standards (known as the Yellow Book) provide a framework for performing high-quality audit work with competence, integrity, objectivity, and independence to provide accountability and to help improve government operations and services. These standards, commonly referred to as generally accepted government auditing standards (GAGAS), provide the foundation for government auditors to lead by example in the areas of independence, transparency, accountability, and quality through the audit process. This revision contains major changes from, and supersedes, the 2011 revision. |
| a business associate can be a covered entity: Health Benefits Coverage Under Federal Law--. , 2007 |
| a business associate can be a covered entity: Federal Register , 2013 |
| a business associate can be a covered entity: The Administrative Medical Assistant Mary E. Kinn, 1993 Now in its 3rd Edition, this popular text gives office personnel just what they need to perform all of their nonclinical tasks with greater skill and efficiency. You get the background to better understand your role and responsibilities... as well as current, step-by-step advice on billing, scheduling, making travel arrangements, ordering supplies - any duty from receptionist to manager you might have in your doctor's office. Includes the latest on... using computers in medical practice; handling medicolegal issues; communicating more effectively with physicians patients, and peers; and transcribing reports... everything you need to be good at your job. |
| a business associate can be a covered entity: Legal Aspects of Health Information Management Dana C. McWay, 1997 This textbook introduces the legal principles pertinent to the health care field. Written by a lawyer, the book addresses the principles of liability, patient records requirements, confidentiality and informed consent, medical records as evidence, HIV information, and the security of computerized patient records. The second edition adds a chapter on health care fraud and abuse. Annotation c. Book News, Inc., Portland, OR. |
| a business associate can be a covered entity: Code of Federal Regulations , 2009 Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries. |
| a business associate can be a covered entity: Hipaa Training and Certification Axzo Press, 2008-09 This course covers HIPAA rules relevant to different job roles and the steps needed to implement those rules. Interested students might come from health care, IT, or legal industries. This course will also help students prepare for any of several available HIPAA certifications. Those aiming for certification should also read all the HIPAA rules. |
| a business associate can be a covered entity: PROP - Coding Systems Custom E-Book Anthem, 2014-04-25 PROP - Coding Systems Custom E-Book |
| a business associate can be a covered entity: Understanding Hospital Billing and Coding Debra P. Ferenc, 2013-02-26 - Updated Claim Forms chapter covers the UB-04 claim form. - Updated information covers diagnosis and procedural coding, with guidelines and applications. - Updated claim forms and names are used throughout. |
| a business associate can be a covered entity: The Complete Concise HIPAA Reference 2014 Edition Supremus Group LLC, 2014-05-21 HIPAA Overview |
| a business associate can be a covered entity: Health Informatics - E-Book Ramona Nelson, Nancy Staggers, 2016-12-08 Awarded second place in the 2017 AJN Book of the Year Awards in the Information Technology category. See how information technology intersects with health care! Health Informatics: An Interprofessional Approach, 2nd Edition prepares you for success in today's technology-filled healthcare practice. Concise coverage includes information systems and applications such as electronic health records, clinical decision support, telehealth, ePatients, and social media tools, as well as system implementation. New to this edition are topics including data science and analytics, mHealth, principles of project management, and contract negotiations. Written by expert informatics educators Ramona Nelson and Nancy Staggers, this edition enhances the book that won a 2013 American Journal of Nursing Book of the Year award! - Experts from a wide range of health disciplines cover the latest on the interprofessional aspects of informatics — a key Quality and Safety Education for Nurses (QSEN) initiative and a growing specialty area in nursing. - Case studies encourage higher-level thinking about how concepts apply to real-world nursing practice. - Discussion questions challenge you to think critically and to visualize the future of health informatics. - Objectives, key terms and an abstract at the beginning of each chapter provide an overview of what you will learn. - Conclusion and Future Directions section at the end of each chapter describes how informatics will continue to evolve as healthcare moves to an interprofessional foundation. - NEW! Updated chapters reflect the current and evolving practice of health informatics, using real-life healthcare examples to show how informatics applies to a wide range of topics and issues. - NEW mHealth chapter discusses the use of mobile technology, a new method of health delivery — especially for urban or under-served populations — and describes the changing levels of responsibility for both patients and providers. - NEW Data Science and Analytics in Healthcare chapter shows how Big Data — as well as analytics using data mining and knowledge discovery techniques — applies to healthcare. - NEW Project Management Principles chapter discusses proven project management tools and techniques for coordinating all types of health informatics-related projects. - NEW Contract Negotiations chapter describes strategic methods and tips for negotiating a contract with a healthcare IT vendor. - NEW Legal Issues chapter explains how federal regulations and accreditation processes may impact the practice of health informatics. - NEW HITECH Act chapter explains the regulations relating to health informatics in the Health Information Technology for Education and Clinical Health Act as well as the Meaningful Use and Medicare Access & CHIP Reauthorization Act of 2015. |
| a business associate can be a covered entity: Health Records and the Law Donna K. Hammaker, 2018-08-16 This fifth edition of Health Records and the Law addresses the substantial changes brought about by the Health Insurance Portability and Accountability Act (HIPAA) and the growth of network information systems, with discussion of state laws affecting the use and disclosure of patient data. The text also discusses the highly complex interplay of federal and state privacy laws. In addition to the considerable new material concerning HIPAA and its regulations, this edition addresses the challenging area of how patient information may be used in connection with medical research and the impact that the Health Information Technology for Economic and Clinical Health (HITECH) Act is having on public health monitoring and surveillance. |
| a business associate can be a covered entity: Information Security Matthew Scholl, 2009-09 Some fed. agencies, in addition to being subject to the Fed. Information Security Mgmt. Act of 2002, are also subject to similar requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. The HIPAA Security Rule specifically focuses on the safeguarding of electronic protected health information (EPHI). The EPHI that a covered entity creates, receives, maintains, or transmits must be protected against reasonably anticipated threats, hazards, and impermissible uses and/or disclosures. This publication discusses security considerations and resources that may provide value when implementing the requirements of the HIPAA Security Rule. Illustrations. |
| a business associate can be a covered entity: To Provide for a Portion of the Economic Recovery Package Relating to Revenue Measures, Unemployment, and Health, January 28, 2009, 111-1 House Report 111-8, Part 2 , 2009 |
| a business associate can be a covered entity: Slee's Health Care Terms Debora Slee, Vergil Slee, Joachim Schmidt, 2008 This healthcare dictionary contains more than 8,000 nonmedical words, phrases, and acronyms related to the healthcare industry. |
| a business associate can be a covered entity: Telemedicine and E-health Law Lynn D. Fleisher, James C. Dechene, 2004 Telemedicine and E-Health Law has the answers that health care providers, hospitals, pharmaceutical companies, insurers and their legal counsel need as medicine enters a new era. |
| a business associate can be a covered entity: Code of Federal Regulations United States. Department of Agriculture, 2009 Special edition of the Federal register, containing a codification of documents of general applicability and future effect as of April 1 ... with ancillaries. |
| a business associate can be a covered entity: The Code of Federal Regulations of the United States of America , 2005 The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. |
| a business associate can be a covered entity: Code of Federal Regulations, Title 45, Public Welfare, Pt. 1-199, Revised as of October 1, 2009 , 2009-12-23 |
| a business associate can be a covered entity: Priorities of the U.S. Department of Health and Human Services Reflected in the Fiscal Year 2002 Budget United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health, 2001 |
| a business associate can be a covered entity: Protecting Patient Information Paul Cerrato, 2016-04-14 Protecting Patient Information: A Decision-Maker's Guide to Risk, Prevention, and Damage Control provides the concrete steps needed to tighten the information security of any healthcare IT system and reduce the risk of exposing patient health information (PHI) to the public. The book offers a systematic, 3-pronged approach for addressing the IT security deficits present in healthcare organizations of all sizes. Healthcare decision-makers are shown how to conduct an in-depth analysis of their organization's information risk level. After this assessment is complete, the book offers specific measures for lowering the risk of a data breach, taking into account federal and state regulations governing the use of patient data. Finally, the book outlines the steps necessary when an organization experiences a data breach, even when it has taken all the right precautions. - Written for physicians, nurses, healthcare executives, and business associates who need to safeguard patient health information - Shows how to put in place the information security measures needed to reduce the threat of data breach - Teaches physicians that run small practices how to protect their patient's data - Demonstrates to decision-makers of large and small healthcare organizations the urgency of investing in cybersecurity |
| a business associate can be a covered entity: Using Technology to Enhance Clinical Supervision Tony Rousmaniere, Edina Renfro-Michel, 2016-01-08 This is the first comprehensive research and practice-based guide for understanding and assessing supervision technology and for using it to improve the breadth and depth of services offered to supervisees and clients. Written by supervisors, for supervisors, it examines the technology that is currently available and how and when to use it. Part I provides a thorough review of the technological, legal, ethical, cultural, accessibility, and security competencies that are the foundation for effectively integrating technology into clinical supervision. Part II presents applications of the most prominent and innovative uses of technology across the major domains in counseling, along with best practices for delivery. Each chapter in this section contains a literature review, concrete examples for use, case examples, and lessons learned. *Requests for digital versions from ACA can be found on www.wiley.com. *To request print copies, please visit the ACA website. *Reproduction requests for material from books published by ACA should be directed to publications@counseling.org |
| a business associate can be a covered entity: The Definitive Guide to Complying with the HIPAA/HITECH Privacy and Security Rules Jr., John J. Trinckes, 2012-12-03 The Definitive Guide to Complying with the HIPAA/HITECH Privacy and Security Rules is a comprehensive manual to ensuring compliance with the implementation standards of the Privacy and Security Rules of HIPAA and provides recommendations based on other related regulations and industry best practices. The book is designed to assist you in reviewing the accessibility of electronic protected health information (EPHI) to make certain that it is not altered or destroyed in an unauthorized manner, and that it is available as needed only by authorized individuals for authorized use. It can also help those entities that may not be covered by HIPAA regulations but want to assure their customers they are doing their due diligence to protect their personal and private information. Since HIPAA/HITECH rules generally apply to covered entities, business associates, and their subcontractors, these rules may soon become de facto standards for all companies to follow. Even if you aren't required to comply at this time, you may soon fall within the HIPAA/HITECH purview. So, it is best to move your procedures in the right direction now. The book covers administrative, physical, and technical safeguards; organizational requirements; and policies, procedures, and documentation requirements. It provides sample documents and directions on using the policies and procedures to establish proof of compliance. This is critical to help prepare entities for a HIPAA assessment or in the event of an HHS audit. Chief information officers and security officers who master the principles in this book can be confident they have taken the proper steps to protect their clients' information and strengthen their security posture. This can provide a strategic advantage to their organization, demonstrating to clients that they not only care about their health and well-being, but are also vigilant about protecting their clients' privacy. |
BUSINESS | English meaning - Cambridge Dictionary
BUSINESS definition: 1. the activity of buying and selling goods and services: 2. a particular company that buys and….
VENTURE | English meaning - Cambridge Dictionary
VENTURE definition: 1. a new activity, usually in business, that involves risk or uncertainty: 2. to risk going….
ENTERPRISE | English meaning - Cambridge Dictionary
ENTERPRISE definition: 1. an organization, especially a business, or a difficult and important plan, especially one that….
INCUMBENT | English meaning - Cambridge Dictionary
INCUMBENT definition: 1. officially having the named position: 2. to be necessary for someone: 3. the person who has or….
AD HOC | English meaning - Cambridge Dictionary
AD HOC definition: 1. made or happening only for a particular purpose or need, not planned before it happens: 2. made….
LEVERAGE | English meaning - Cambridge Dictionary
LEVERAGE definition: 1. the action or advantage of using a lever: 2. power to influence people and get the results you….
ENTREPRENEUR | English meaning - Cambridge Dictionary
ENTREPRENEUR definition: 1. someone who starts their own business, especially when this involves seeing a new opportunity….
CULTIVATE | English meaning - Cambridge Dictionary
CULTIVATE definition: 1. to prepare land and grow crops on it, or to grow a particular crop: 2. to try to develop and….
EQUITY | English meaning - Cambridge Dictionary
EQUITY definition: 1. the value of a company, divided into many equal parts owned by the shareholders, or one of the….
LIAISE | English meaning - Cambridge Dictionary
LIAISE definition: 1. to speak to people in other organizations, etc. in order to work with them or exchange….
BUSINESS | English meaning - Cambridge Dictionary
BUSINESS definition: 1. the activity of buying and selling goods and services: 2. a particular company that buys and….
VENTURE | English meaning - Cambridge Dictionary
VENTURE definition: 1. a new activity, usually in business, that involves risk or uncertainty: 2. to risk going….
ENTERPRISE | English meaning - Cambridge Dictionary
ENTERPRISE definition: 1. an organization, especially a business, or a difficult and important plan, especially one that….
INCUMBENT | English meaning - Cambridge Dictionary
INCUMBENT definition: 1. officially having the named position: 2. to be necessary for someone: 3. the person who has or….
AD HOC | English meaning - Cambridge Dictionary
AD HOC definition: 1. made or happening only for a particular purpose or need, not planned before it happens: 2. made….
LEVERAGE | English meaning - Cambridge Dictionary
LEVERAGE definition: 1. the action or advantage of using a lever: 2. power to influence people and get the results you….
ENTREPRENEUR | English meaning - Cambridge Dictionary
ENTREPRENEUR definition: 1. someone who starts their own business, especially when this involves seeing a new opportunity….
CULTIVATE | English meaning - Cambridge Dictionary
CULTIVATE definition: 1. to prepare land and grow crops on it, or to grow a particular crop: 2. to try to develop and….
EQUITY | English meaning - Cambridge Dictionary
EQUITY definition: 1. the value of a company, divided into many equal parts owned by the shareholders, or one of the….
LIAISE | English meaning - Cambridge Dictionary
LIAISE definition: 1. to speak to people in other organizations, etc. in order to work with them or exchange….
