Don’t Make the Mistake of Over-Reporting Data Breaches Under HIPAA

Don’t Make the Mistake of Over-Reporting Data Breaches Under HIPAA

Evaluating incidents that affect protected health information (PHI) to determine whether they must be reported under HIPAA’s Breach Notification Rule is a delicate balancing act.  On the one hand, a HIPAA covered entity will want to avoid reporting an incident to the Secretary of HHS if it is not required to do so under the standards set forth in HIPAA’s Breach Notification Rule. On the other hand, a HIPAA covered entity that fails to report a HIPAA Breach risks being exposed to penalties from OCR for each day such Breach was not reported when it should have been. A recent Becker’s Health IT article brought attention to a Notice posted by Ann & Robert H. Lurie Children’s Hospital of Chicago

read more
Do I Need a HIPAA Business Associate Agreement?

Do I Need a HIPAA Business Associate Agreement?

A HIPAA “Business Associate” is a person, other than a member of the workforce, who creates, receives, maintains or transmits PHI in the performance of services or functions for or on behalf of a Covered Entity. Treatment and Payment disclosures do NOT create a HIPAA BA relationship. Conduits are not HIPAA BAs, but the exception is very narrow. Covered Entities should review each HIPAA BA Agreement is needed, or not.

read more
“Top 10” List for Security Law Compliance

“Top 10” List for Security Law Compliance

“Top 10” List for Security Law Compliance As we bid farewell to late night comedy host David Letterman, I thought it appropriate and timely to give a nod to one of Letterman’s most iconic segments, his “Top 10”, with my own Top 10 list for complying with applicable Security Law: #10.  THE HIPAA...

read more

Archives