DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

New HIPAA Requirements for Business Associates and Their Subcontractors

Posted on January 29, 2013 by Dissent

Helpful write-up by Dena Feldman on the final HITECH rule as it applies to business associates and subcontractors includes:

Direct Liability under the Security Rule.  The final rule alters the regulations to expressly subject business associates to the administrative, physical, and technical safeguard requirements of the Security Rule.  HHS commented that, because business associates previously had to agree in their business associate agreements with covered entities to appropriately protect and safeguard PHI, business associates and subcontractors “should already have in place” security practices that are compliant with the rule or need only “modest improvements.”  HHS recognized, however, that many business associates will not have engaged in the “formal administrative safeguards” required by the rule.

Direct Liability under the Privacy Rule.  The final regulations modify the Privacy Rule to extend direct liability for disclosures of PHI by business associates.  However, the rule does not subject business associates to liability for all aspects of the Privacy Rule.  Business associates are liable for:

  • uses or disclosures of PHI in a manner not in accord with the business associate agreement or the Privacy Rule;
  • failure to disclose PHI when required by HHS for an investigation and/or determination of the business associate’s compliance with HIPAA;
  • failure to disclose PHI to the covered entity, an individual (to whom the information pertains), or the individual’s designee with respect to an individual’s request for an electronic copy of the information;
  • failure to make reasonable efforts to limit PHI uses, disclosures, and requests to the minimum necessary amount; and
  • failure to enter into a business associate agreement with a subcontractor that creates or receives PHI on their behalf.

Read more on InsidePrivacy.


Related:

  • Qantas obtains injunction to prevent hacked data’s release
  • Ransomware attack disrupts Korea's largest guarantee insurer
  • Theft from Glasgow’s Queen Elizabeth University Hospital sparks probe
  • Global operation targets NoName057(16) pro-Russian cybercrime network in Operation Eastwood
  • More than 100 British government personnel exposed by Ministry of Defence data leak
  • New TeleMessage SGNL Flaw Is Actively Being Exploited by Attackers
Category: Uncategorized

Post navigation

← 10 Questions to Ask Your Child’s School District on Data Privacy Day 2013
Antioch district working to fix inadvertent disclosure of employee data →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Missouri Adopts New Data Breach Notice Law
  • Qantas obtains injunction to prevent hacked data’s release
  • Ransomware attack disrupts Korea’s largest guarantee insurer
  • Theft from Glasgow’s Queen Elizabeth University Hospital sparks probe
  • Global operation targets NoName057(16) pro-Russian cybercrime network in Operation Eastwood
  • More than 100 British government personnel exposed by Ministry of Defence data leak
  • New TeleMessage SGNL Flaw Is Actively Being Exploited by Attackers
  • North Country Healthcare responds to Stormous’s claims of a breach
  • Gladney Adoption Center had serious data exposures in the past few months. What will they do to prevent more?
  • Former U.S. Soldier Pleads Guilty to Hacking and Extortion Scheme Involving Telecommunications Companies

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Meta investors, Zuckerberg reach settlement to end $8 billion trial over Facebook privacy violations
  • ICE is gaining access to trove of Medicaid records, adding new peril for immigrants
  • Microsoft can’t protect French data from US government access
  • Texas Enacts Electronic Health Record Data Localization Law
  • Upstate NY county clerk again refuses to enforce Texas abortion judgment
  • Attorney General James Leads Coalition Urging Congress to Protect Americans from Masked ICE Agents
  • Attorney General Tong Announces $85,000 Settlement with TicketNetwork for Violations of the Connecticut Data Privacy Act​

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.