Health Information Management

HIPAA Q&A: BA contracts

HIPAA Weekly Advisor, August 9, 2010

Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!

Q. What additional language do BA contracts need to satisfy requirements of the HITECH Act, which is part of the American Recovery and Reinvestment Act?

A. BA contracts require amendments that address the following:

  • New breach notification requirements as they pertain to BAs and their third-party contractors
  • The responsibility of BAs that store patient or health plan member PHI electronically to provide PHI electronically to covered entities, patients, and health plan members who request electronic copies (depending on how covered entities intend to comply with this new requirement)
  • statutory requirement that BAs comply with the HIPAA security rule and the privacy rule’s use and disclosure provisions

Editor’s note: Chris Apgar, CISSP, president of Apgar & Associates, LLC, in Portland, OR, answered this question. Apgar has more than 17 years of experience in information technology and specializes in security compliance, assessments, training, and strategic planning. He is a board member of the Workgroup for Electronic Data Interchange and chair of the Oregon and Southwest Washington Healthcare, Privacy, and Security Forum.
 



Want to receive articles like this one in your inbox? Subscribe to HIPAA Weekly Advisor!

  • Briefings on APCs

    Worried about the complexities of the new rules under OPPS and APCs? Briefings on APCs helps you understand the new rules...

  • Medical Records Briefing

    Guiding Health Information Management professionals through the continuously changing field of medical records and toward a...

  • Briefings on Coding Compliance Strategies

    Submitting improper Medicare documentaion can lead to denial of fees, payback, fines, and increased diligence from payers...

  • Briefings on HIPAA

    How can you minimize the impact of HIPAA? Subscribe to Briefings on HIPAA, your health information management resource for...

  • APCs Weekly Monitor

    This HTML-based e-mail newsletter provides weekly tips and advice on the new ambulatory payment classifications regulations...

Most Popular

Related Articles