What are our duties if we believe a BA misused our PHI?
HIPAA Weekly Advisor, October 4, 2004
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If a covered entity knows of a pattern of activity or practice of the business associate or limited data set users that constitutes a material breach or violation of their contract, a covered entity must take reasonable steps to cure the breach or end the violation.
If such steps are unsuccessful, the covered entity must terminate the contract, if possible, or report the problem to the Secretary of HHS.
Attorneys from Bricker and Eckler LLP answered this question. For more information see Section 164.504(e) Business Associate Contracts, Section 164.514(e) Limited Data Set, and Section 164.530(f) Mitigation.
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