Corporate Compliance

Dealing with misuse of PHI

Compliance Monitor, December 9, 2005

Q: What should we do if one of our business associates or limited data set users misuses protected health information (PHI)?

If a covered entity knows that a business associate or limited data set user is committing a violation, the covered entity must take reasonable steps to end the violation. If such steps are unsuccessful, the covered entity must:

  • terminate the business associate contract
  • if the contract cannot be terminated, report the problem to the Department of Health and Human Services.

For more information see Section 164.504(e) Business Associate Contracts, Section 164.514(e) Limited Data Set and Section, and Section 164.530(f) Mitigation of the Bricker & Eckler Web site.

Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.


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