BC Advantage - 2022 Issue 12

HIPAA Considerations When Business Associates and Data Are International

Although it is said that "business is global," there are some nuances to this blanket statement to consider when creating, receiving, maintaining, or transmitting electronic protected health information or electronic health information (PHI) internationally. Before delving into items to consider when business associates (including subcontractors) and PHI are international, it's important to appreciate that both the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) and the U.S. Department of Justice (DOJ) have the ability to enforce violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the...

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