First Healthcare Compliance CONNECT September 2022

our own attorneys fees on this.” So that’s what will
happen there.
And then the last part of that, that something I’ve
been doing for a few years now, is to really carve
out and there, there are two schools of thought on
this. But when I carve out specific indemnification
provisions related to a breach, it’s the breaching
party has the obligation to pay for the notification to
government entities, to the media into the individual
patients. But that’s where the liability and so there’s
no payment of attorney’s fees, there’s no payment
of ransomware. There’s no paying for a deductible
on an insurance policy or anything like that. What
my clients and actually when I’ve been on the phone
with opposing parties as well, what they’ve said is
that we like this, because we know upfront what
we’re responsible for, and it’s limited to this, and it’s
balanced for both of us.
take it word by word with the parties that you’re
dealing with.
Did you have any other thoughts
that you wanted to share with us
concerning BAAs?
Just be aware that BAs are not cookie cutter,
however, there are certain terms and certain
provisions, which you’ll see over and over again. And
that’s because they’re required by the statute and
then recommended by HHS on their website.
There’s no cookie cutter way to draft an
indemnification provision, you just have to literally
Navigating Workplace Violence
Prevention Under OSHA
Workplace violence is a serious issue, especially
in healthcare facilities. The OSHA workplace
violence prevention guidelines help employees
and employers alike by providing the necessary
steps to maintain a safe work environment.
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