Navigating and Negotiating HIPAA Business Associate Agreements
Monday, January 13, 2014 from 10:00 AM to 11:00 AM (PST)
This training on HIPAA compliance will discuss the modifications made to the Final Omnibus Rule and the impact of these changes on agreements between covered entities and business associates. Attendees will learn best practices for developing and negotiating new business associate agreements.
Why Should You Attend:
With the changes made to the HIPAA regulations by the Final Omnibus Rule and the Breach Notification Rule, business associate agreements are becoming a significant burden for covered entities and business associates alike. While both parties want to negotiate the most favorable terms possible, it is important to understand which provisions are required by HIPAA and which are for business or liability protection purposes.
In order to reach a satisfactory agreement, it is important for both parties to consider which terms are required and which terms are necessary to their business operations. Both covered entities and business associates also need to consider the nature of their relationship and any underlying agreements when determining which terms are appropriate from an operational or risk allocation standpoint. While certain optional terms may be favorable to covered entities and others favorable to business associates, it is also important for both parties to be able to reach “middle ground” on the business associate terms so that their business relationship can continue in a HIPAA compliant manner.
This webinar will discuss the legal requirements, as well as the real world impact of frequently used optional provisions.
Areas Covered in the Webinar:
- Changes to business associate definitions resulting from the HITECH Act and the Final Omnibus Rule.
- Changes to the business associate agreements.
- Required elements in a business associate agreement.
- Discussion of optional provisions that may be included in a business associate agreement from both the covered entity’s and the business associate’s perspective.
- Discussion of common “sticking points” in business associate agreements and considerations for reaching “middle ground” on these issues.
- Discussion of the Breach Notification Rule and the obligations of covered entities and business associates.
- Discussion of considerations and ramifications related to business associates as “agents” of the covered entity.
Who Will Benefit:
This webinar will provide valuable assistance to all personnel in medical offices, practice groups, hospitals, academic medical centers, insurers, business associates (shredding, data storage, systems vendors, cloud vendors, EHR vendors, billing services, etc). The following titles will benefit from attending this webinar:
- Compliance Director
- Practice Administrator
- Privacy Officer
- Security Officer
- Information Systems Manager
- HIPAA Officer
- Chief Information Officer
- Health Information Manager
- Healthcare Counsel/lawyer
- Office Manager
- Contracts Manager
Amy K. Fehn, is a partner with the firm of Fehn, Robichaud & Colagiovanni, PLLC, a boutique health law firm in Troy, Michigan. Ms. Fehn has been representing health care providers in regulatory and business matters for over 15 years, including frequent representation of both covered entities and business associates on HIPAA compliance issues. She speaks and writes frequently on the topic of HIPAA Privacy Security.
She is a member of the American Bar Association Health Law Section where she is a Vice-Chair of the Publications committee, a member of the ESource editorial board and participated on the HITECH Business Associate Task Force. She is also a member of the American Health Lawyers Association and the State of Michigan Bar Association Health Law Section, where she participated on the HIPAA Task Force.
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