OCR HIPAA Resolution Agreement Against Bankrupt Business Associate Signals Growing Exposures, Need for Tighter HIPAA Compliance By Health Plans & Business Associates

Health plans and insurers, their service providers that act as business associates within the meaning of the Health Insurance Portability & Accountability Act (HIPAA) and employer and other health plan sponsors, fiduciaries, and other management leaders should heed the warnings contained in the new Resolution Agreement (FileFax Resolution Agreement) with former HIPAA business associate FileFax, Inc. announced by the Department of Health & Human Services (HHS) Office of Civil Rights (OCR) about their own need to ensure that they and their business associates comply with HIPAA’s business associate and other Privacy, Security, Breach Notification rules as well as the advisability of tightening up their risk management and oversight of business associates that handle protected health information (PHI). Significant for business associates as what appears to be the first announced resolution agreement with a business associate directly charged by OCR with violating…

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