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The upcoming HIPAA Omnibus Rule is poised to transform an
already challenging privacy and security landscape for business
associates or those who provide services to HIPAA "covered
entities." The HITECH Act has already imposed greater
compliance responsibility on business associates and their
subcontractors. The rules are set to change further and
failure to comply can result in compliance reviews, investigations,
seven figure financial penalties, and other sanctions. In
fact, the Office for Civil Rights, the agency responsible for HIPAA
enforcement, recently announced concerns regarding business
associate HIPAA compliance and plans to target business
associates in upcoming audits.
If this is not enough to keep your privacy officer and security
officers busy, there are overlapping, and continually evolving,
state data security laws that must be evaluated along with HIPAA in
order to ensure full compliance with privacy and security
requirements. It is critical to protect your organization on
all fronts with respect to these laws.
Mintz Levin is following the developments related to the final
HIPAA Omnibus Rule closely, and we will hold a webinar on the final
Rule within days of its release. Please stay tuned for the
invitation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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