HIPAA/HITECH and Texas Privacy Laws Comparison Tool ... - TMLT

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HYBRID ENTITY BUSINESS ASSOCIATES FEDERAL Omnibus Rule Clarifies that the following are BAs of CEs: Health Information Organizations (HIO)/Health Information Exchanges (HIE); and Patient Safety Organizations (PSO). Texas Medical Records Privacy Act NA ITEP NA TEXAS HIPAA Hybrid entity – The Privacy Rule permits a CE that is a single legal entity and that conducts both covered and non-covered functions to elect to be a “hybrid entity.” (The activities that make a person or organization a CE are its “covered functions.”) To be a hybrid entity, the CE must designate in writing its operations that perform covered functions as one or more “health care components.” After making this designation, most of the requirements of the Privacy Rule will apply only to the health care components. A CE that does not make this designation is subject in its entirety to the Privacy Rule. Texas Medical Records Privacy Act NA ITEP NA Omnibus Rule Hybrid entity must include a component that performs business associate-like activities within its health care component. The entire CE, and not merely its health care component, remains responsible for complying with BA arrangements and other organizational requirements of HIPAA. 15
About the Author: Cathy Bryant is a Risk Management Representative at TMLT. Cathy has had more than thirty years’ experience in health care as a nurse, risk manager, compliance officer, hospital executive, and consultant. Cathy is a member of the Health Care Compliance Association and is certified in Healthcare Privacy Compliance by the Compliance Certification Board. 16
Page 1 and 2: HIPAA/HITECH and Texas Privacy Laws
Page 3 and 4: CONTINUED CHANGES IN PRIVACY LAWS F
Page 5 and 6: PATIENT RIGHTS TRAINING FEDERAL HIP
Page 7 and 8: MARKETING FEDERAL HIPAA/HITECH HIT
Page 9 and 10: SALE OF PHI FEDERAL HIPAA/HITECH P
Page 11 and 12: ACCESS TO DECEDENT INFORMATION BY F
Page 13 and 14: STANDARDS FOR SECURING PHI & ePHI H
Page 15: BUSINESS ASSOCIATES AND THEIR SUBCO

HIPAA/HITECH and Texas Privacy Laws Comparison Tool ... - TMLT

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