tci Medicare Compliance & Reimbursement - 2019 Issue Q4

Reader Question: Don’t Forget BAs Are Liable for HIPAA Breaches, Too

Question: We know that our practice must comply with the HIPAA Breach Notification Rule and notify the impacted individuals if there’s a breach. Are our business associates (BAs) liable, too, or are they off the hook when it comes to notifying? SuperCoder Subscriber Answer: BAs, just like CEs, “have the burden of demonstrating that all required notifications have been provided or that a use or disclosure of unsecured protected health information did not constitute a breach,” cautions the HHS Office for Civil Rights (OCR) guidance. In fact, much confusion exists over the role vendors and BAs...

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