First Healthcare Compliance CONNECT September 2022

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Content of a BAA Q & A Catherine Short Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX, has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. Her practice focuses on a variety of cybersecurity, health care and securities law issues related to industry compliance and transactional work, as well as representing plaintiffs in Dodd- Frank/False Claims Act whistleblower claims. As a member of the First Healthcare Compliance Editorial Council, Rachel is a frequent presenter at educational events. For more information regarding this topic please view a related webinar for further discussion and learning. Below, Rachel answers some common questions and provides explanations of a few timely topics related to the education surrounding business associate agreements. Could you give us an overview of what a BA or Business Associate Agreement is and who or what it involves? Absolutely. And not surprisingly, that is a very detailed question. A business associate agreement, which is referred to in 45CFR160.504.E as a business associate contract is just that – it’s an agreement between two parties to do three primary things: first, ensure that both parties are utilizing the appropriate technical, administrative and physical safeguards in order to ensure that the confidentiality, integrity and availability of the protected health information remains intact. Additionally, it relates to the Privacy Rule, the entire security role and the breach notification rules being adhered to. The second element that always jumps out at me is the notification to the other party and then potentially, to HHS patients and the media in breaches of 500 or more individuals, and making sure that the parties designate the timeline that party, typically the party who’s the breach occurred on tells party B about this and then what transpires after that. The last main requirement or part of a business associate agreement is what to do when the relationship between the parties terminates. Now, that might seem simple, oh, I just need to either return and or destroy the data in a manner that complies with the HIPAA Security Rule, and preferably with NIST, that’s part of it. But as we all know, there are situations where we can’t just return or destroy information. Some of those may be obligations of a legal hold, or a government investigation or a 6 Panacea Healthcare Solutions LLC © 2022
THE VIRTUAL HIPAA Privacy and Security Workshop 2022 Thu, November 3, 2022 12:45 PM – 4:15 PM EDT The Virtual HIPAA Privacy and Security Workshop 2022 is hosted by First Healthcare Compliance to provide resources for legal and healthcare professionals facing the challenges of complying with HIPAA regulations. This half-day event will be held on November 3, 2022, and will include CEU credits. Registration is available to the public. Experts and attorneys will engage with attendees to discuss timely questions and real-life scenarios related to HIPAA privacy and security including Notice of Privacy Practices, Business Associates, employee training, patient rights, safeguards, electronic health records, breaches, cybersecurity and more. REGISTER NOW Earlybird Tickets Available Contact Toll Free: 888-54-FIRST 7
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First Healthcare Compliance CONNECT September 2022

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