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Overview

The purpose of this webinar is to provide an update on business associate liability under HIPAA and the HITECH Act regulations by explaining the following aspects of the covered entity and business associate relationship in the context of recent changes in the law occasioned by the HIPAA Omnibus Rule modifying the HITECH Act:

•  Who is a business associate? And can a business associate have business associates? Or how low can you go?
•  Requirements for covered entities in the business associate relationship
•  Requirements for business associates
•  Liability for breaches by business associates
•  Required business associate agreement language occasioned by the HITECH Act and the Omnibus Rule
•  Should you audit your business associate’s compliance?
•  Changes to the definition of business associate under the Omnibus Rule
•  Practical effects of the new rules
•  Definition of a security breach
•  Liability of a business associate for HIPAA security breach
•  Discussion of the first lawsuit against a business associate under HIPAA
•  Federal common law of agency
•  Omnibus Rule change to breach risk analysis
•  How to determine that the agency relationship exists with guidance from the Department of Health and Human Services (DHHS)
•  How to avoid/minimize liability for business associate breaches

Why Should You Attend

•  Do you have business associates? Are you sure?
•  If you do have business associates, are you liable for their breaches? Are you sure?
•  Are your business associate agreements up to date with the latest language required under the Omnibus Rule? Do you know what that new language is? Are you sure?
•  If you are a business associate, do you have downstream business associates? Are you sure?
•  Does your contractual relationship with your business associates or downstream business associates make you liable for their breaches under the federal common law of agency? Are you sure?
•  What factors does the Department of Human Services consider in determining whether an agency relationship exists? Why does it matter whether you create an agency relationship? Why would DHHS care whether you have created an agency relationship?
•  Do you know whether your malpractice or other insurance covers HIPAA liability by your business associates? Are you sure? You don’t want to find out for sure the hard way, do you?
•  Do you know how to avoid or minimize liability for business associate and downstream business associate liability? Do your contract terms help in that regard? Do you include indemnification clauses in your business associate or downstream business associate agreements? Do you know what an indemnification clause is? Are you sure?
•  Do you know the required and optional clauses and language to put into your business associate agreements?
•  Do you know whether you should audit your business associates’ compliance?
•  Do you know the practical effects of the changes in the business associate relationship?

Areas Covered in the Session

Changes in the business associate relationship bring challenges to both covered entities and business associates. It is critical to understand and properly respond to these changes. This webinar on business associate liability under HIPAA and the HITECH Act will cover the following areas:

•  Who is a business associate? What is a downstream business associate?
•  Requirements for covered entities in the business associate relationship
•  Requirements for business associates in the downstream business associate relationship
•  Requirements for business associates and downstream business associates
•  Liability for breaches by business associates
•  Required business associate agreement language occasioned by the HITECH Act and the Omnibus Rule
•  Should you audit your business associate’s or downstream business associate’s compliance?
•  Practical effects of the new rules
•  What is the federal common law of agency?
•  What factors does the Department of Health and Human Services (DHHS) use to determine whether an agency relationship exists?
•  What were the results of the first lawsuit against a business associate?
•  What changes did the Omnibus Rule make in the business associate relationship?
•  What changes did the Omnibus Rule make in liability for business associate breaches?
•  What contractual language is now required in business associate agreements under the new changes in HIPAA and the HITECH Act because of the Omnibus Rule?
•  What optional language should you consider in your business associate agreements?
•  What constitutes a security breach under HIPAA and the HITECH Act?
•  What are the exceptions to the definition of business associate under HIPAA and the HITECH Act?
•  What is an indemnification clause in a business associate agreement?
•  Will your malpractice or other insurance cover liability for HIPAA breaches by your business associates? By people in your workforce?
•  What are the practical effects of the recent changes in the business associate relationship?
•  Do you know whether you should audit your business associates or downstream business associates? Do you know the practical effects and legal effects of doing so or not doing so?

Learning Objectives

•  Explain the Omnibus Rule changes regarding the business associate relationship
•  Define the terms business associate and downstream business associate
•  List the exceptions to the definition of business associate
•  Explain what constitutes auditing a business associate and the practical and legal effects of doing so or not doing so
•  Explain the federal common law of agency
•  List the factors that the Department of Health and Human Services (DHHS) uses to determine whether an agency relationship exists
•  Explain the changes to the security breach risk analysis

Who Will Benefit

•  Covered Entities
•  Business Associates
•  Downstream Business Associates
•  HIPAA Privacy Officers
•  HIPAA Security Officers
•  HIPAA Compliance Officers
•  Marketing Directors
•  Risk Management Personnel
•  Regulatory Affairs Personnel

Level

Intermediate

For more detail please click on this below link:

https://www.complianceglobal.us/product/700159

Email: referrals@complianceglobal.us
Toll Free: +1-844-746-4244
Tel: +1-516-900-5515

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