Posts Tagged ‘business associate’
Tuesday, August 27th, 2013
The deadline for complying with the Omnibus Rule is quickly approaching. Psst…it’s September 23 for most covered entities (CEs) and business associates (BAs). I’ve been tardy in getting blog posts made because I’ve been happy to have the opportunity to help my hundreds of Compliance Helper and Privacy Professor clients to get into compliance with all the HIPAA and HITECH rules, many just getting there for the first time, in addition to the Omnibus Rule changes and new requirements. I’ve been getting a lot of HIPAA questions from many of the CEs and BAs. I thought it would be helpful to provide some of them on my blog. I’ll start with an interesting question about (more…)
Tags:awareness, BA, BAA, breach, business associate, CE, compliance, covered entity, data protection, HIPAA, HITECH, IBM, Information Security, information technology, infosec, IT security, marketing, midmarket, monitoring, non-compliance, Omnibus, personal information identifier, personal information item, PHI, PII, policies, privacy, privacy breach, privacy laws, privacy practice, privacy professor, privacyprof, Rebecca Herold, risk assessment, risk management, sales, security, social network, surveillance, systems security, training
Posted in BA, CE, HIPAA, Laws & Regulations | No Comments »
Friday, July 12th, 2013
Someone recently commented that I write a lot of blog posts based on my work and what my clients, students and others I meet at conferences and training classes have said or done. Well, that’s because such interactions often create some very good teaching moments that many others could benefit from! And so, yes, now I have another such experience to share. One of my new Compliance Helper clients recently told me, “I still don’t know what I need to do for HIPAA/HITECH compliance that is not covered under the compliance activities of my business clients. How can I do anything more beyond what they are already doing?” (more…)
Tags:awareness, BA, breach, business associate, CE, compliance, covered entity, data protection, HIPAA, HITECH, IBM, Information Security, information technology, infosec, IT security, midmarket, monitoring, non-compliance, personal information, personal information identifier, personal information item, personally identifiable information, PHI, PII, policies, privacy, privacy breach, privacy laws, privacy practice, privacy professor, privacyprof, Rebecca Herold, risk assessment, risk management, security, sensitive personal information, social network, SPI, surveillance, systems security, training
Posted in BA, BA and Vendor Management, CE, HIPAA, HITECH | 1 Comment »
Friday, May 31st, 2013
Last week one of my Compliance Helper clients that is a health insurance company asked me the following question (slightly modified to protect their identity):
For the past two years, we have tried to get business associate (BA) Agreements from some of our BAs. They will not (more…)
Tags:audit, awareness, BA, BA Agreement, BA contract, breach, business associate, compliance, customer service, data protection, e-mail, electronic mail, email, employees, employment, exception management, facebook, FINRA, HIPAA, hiring, HITECH, HR, human resources, IBM, Information Security, information technology, infosec, insider threat, insider trading, IT security, job applicants, messaging, midmarket, monitoring, non-compliance, personal information, personally identifiable information, personnel, PHI, PII, policies, policy exception, policy management, privacy, privacy breach, privacy laws, privacy professor, privacyprof, Rebecca Herold, Red Flags, risk, risk assessment, risk management, security, sensitive personal information, social media, social network, SPI, surveillance, systems security, training, twitter, walk through
Posted in BA, BA and Vendor Management | No Comments »
Saturday, March 30th, 2013
Locate it to protect it
I love speaking with folks about privacy, information security and compliance. I am sincerely interested in hearing about their challenges, and then also identifying common challenges amongst them all. We can then get to solutions.
One of the consistently common challenges I’ve heard from privacy and security folks in the past several months is trying to (more…)
Tags:audit, awareness, BA, BA Agreement, BA contract, breach, business associate, compliance, customers, data inventory, data protection, e-mail, electronic mail, email, employees, employment, exception management, HIPAA, hiring, HITECH, HR, human resources, IBM, Information Security, information technology, infosec, IT security, job applicants, laws, liability, messaging, midmarket, non-compliance, Omnibus Rule, patients, personal information, personally identifiable information, personnel, PHI, PII, policies, policy exception, policy management, privacy, privacy breach, privacy professor, privacyprof, Rebecca Herold, risk, risk assessment, risk management, security, sensitive personal information, SPI, systems security, training, vendor management, vendor oversight, walk through
Posted in Information Security, PHI | 1 Comment »
Wednesday, March 27th, 2013
Don’t tell me it depends! Well, sorry, but…
I’ve been involved in several interesting discussions (some with lawyers, some with security folks, some with privacy folks, and a few of the folks wearing all three hats) about the liability of organizations that outsource business processing. Since January 17 I’ve also been working on a wide range of documentation changes to reflect the recently released 563 page tome that is the Final HIPAA Omnibus Rule. A significant part of the documentation and writing involves discussion of the increased liability a covered entity (CE) now has for the bad practices and mistakes made by their business associates (BAs).
Organizations want a clear cut answer to “how liable” they are for the actions of their outsourced entities. One CISO at a conference demanded, “Just tell me; are we going to be held responsible for the actions of our business associates or not? Just (more…)
Tags:audit, awareness, BA, BA Agreement, BA contract, breach, business associate, compliance, customers, data protection, e-mail, electronic mail, email, employees, employment, exception management, HIPAA, hiring, HITECH, HR, human resources, Information Security, information technology, infosec, IT security, job applicants, laws, liability, messaging, midmarket, non-compliance, Omnibus Rule, patients, personal information, personally identifiable information, personnel, PII, policies, policy exception, policy management, privacy, privacy breach, privacy professor, privacyprof, Rebecca Herold, risk, risk assessment, risk management, security, sensitive personal information, SPI, systems security, training, vendor management, vendor oversight, walk through
Posted in BA, BA and Vendor Management, CE, HIPAA, HITECH, Information Security, Laws & Regulations | 1 Comment »
Wednesday, February 20th, 2013
Are you a covered entity (CE) or business associate (BA) as defined by HIPAA? There are literally millions of organizations in the U.S. that fall under these definitions, and possibly additional millions of BAs outside of the U.S. providing services to U.S.-based CEs. The impact is significant, and truly world-wide. If you are a CE or BA, did you know that your information security and privacy activities, or lack thereof, could cause physical harm to patients and insureds, and that you can receive significant penalties under the new HIPAA rules based upon those impacts? (more…)
Tags:audit, awareness, BA, BA Agreement, BA contract, breach, breach harm, breach response, business associate, compliance, contracted workers, customers, data protection, due diligence, e-mail, electronic mail, email, employees, employment, Final Rule, HIPAA, hiring, HITECH, HR, human resources, IBM, Information Security, information technology, infosec, IT security, job applicants, laws, liability, Mega Rule, messaging, midmarket, non-compliance, Obmnibus, outsource, oversight, patients, personal information, personally identifiable information, personnel, physical harm, PII, policies, privacy, privacy breach, privacy professor, privacyprof, Rebecca Herold, right to audit, risk, risk assessment, risk management, security, sensitive personal information, SPI, systems security, training, walk through
Posted in BA, CE, HIPAA, HITECH | No Comments »
Sunday, February 3rd, 2013
Over the years when working with a wide range of organizations, helping them to identify where all forms of their business information (including customer, client, patient and employee information) is located. One of the key activities is identifying and documenting all business associates, service providers, business partners, and all other types of outsourced entities that possess or have other types of access to this information. (more…)
Tags:audit, awareness, BA, BA Agreement, BA contract, breach, business associate, compliance, contracted workers, customers, data protection, due diligence, e-mail, electronic mail, email, employees, employment, Final Rule, HIPAA, hiring, HR, human resources, IBM, Information Security, information technology, infosec, IT security, job applicants, laws, liability, Mega Rule, messaging, midmarket, non-compliance, Obmnibus, outsource, oversight, patients, personal information, personally identifiable information, personnel, PII, policies, privacy, privacy breach, privacy professor, privacyprof, Rebecca Herold, right to audit, risk, risk assessment, risk management, security, sensitive personal information, SPI, systems security, training, walk through
Posted in BA | No Comments »
Thursday, January 24th, 2013
A Tale of Two Viewpoints
When I was responsible for information security and privacy at a large financial and healthcare organization throughout the 1990’s I had literally hundreds of business partner organizations to which we outsourced various types of activities that required some type of access to our client and customer information. Add to that several hundred agents and, scarier still because they were not exclusively selling our products, brokers, and you can probably imagine the angst I felt when thinking about the ways in which all those other organizations were putting our information at risk. The contracts with them had a very brief requirement to “provide appropriate security controls” for the information, but that did not alleviate my worries. But, since at that time there were no data protection regulations in effect, the lawyers said this simple clause was enough. And then one of the outsourced entities had an incident resulting from lack of controls which allowed a hacker to enter our network. (more…)
Tags:audit, awareness, BA, BA Agreement, BA contract, breach, business associate, compliance, customers, data protection, due diligence, e-mail, electronic mail, email, employees, employment, Final Rule, HIPAA, hiring, HR, human resources, IBM, Information Security, information technology, infosec, IT security, job applicants, laws, Mega Rule, messaging, midmarket, non-compliance, Obmnibus, patients, personal information, personally identifiable information, personnel, PII, policies, privacy, privacy breach, privacy professor, privacyprof, Rebecca Herold, right to audit, risk, risk assessment, risk management, security, sensitive personal information, SPI, systems security, training, walk through
Posted in Information Security, Laws & Regulations | No Comments »
Thursday, January 24th, 2013
The final HIPAA “mega rule” is going to be officially published on the Federal Register tomorrow, January 25, 2013. Currently the version available (https://s3.amazonaws.com/public-inspection.federalregister.gov/2013-01073.pdf) is “pre-publication” version.
Over the past week I’ve had numerous CEs and BAs contacting me, frantic to change their BA Agreements to “avoid complying with the Mega Rule for another year!” Wait, folks. You are misunderstanding; this is a very specific extension that only applies to the BA Agreements. Let me explain… (more…)
Tags:BA, BA Agreement, business associate, compliance, Compliance Helper, covered entity, federal register, Final Rule, healthcare, herold, HHS, HIPAA, HITECH, Information Security, Mega Rule, OCR, privacy, privacy professor, Rebecca Herold, security
Posted in BA, CE, HIPAA, HITECH | No Comments »
Friday, December 21st, 2012
This week I spoke with a small (~25 employees) organization (a business associate providing services to healthcare providers) that contacted me looking for help; they had purchased a whiz-bang “HIPAA compliance GRC” solution that included with everything else information security policies, but they couldn’t make any sense of the policies they were given or how they related to the rest of the expensive GRC tool. Grrr!! There are (more…)
Tags:audit, audits, awareness, BA, breach, business associate, business partner, CE, compliance, covered entity, customers, data protection, e-mail, electronic mail, email, employees, employment, HIPAA, hiring, HITECH, HR, human resources, IBM, Information Security, information technology, infosec, IT security, job applicants, laws, messaging, midmarket, non-compliance, patients, personal information, personally identifiable information, personnel, PII, policies, privacy, privacy breach, privacy professor, privacyprof, procedures, Rebecca Herold, risk, risk assessment, risk management, security, sensitive personal information, SPI, systems security, training, walk through
Posted in BA, CE, HIPAA, Information Security | 1 Comment »
