Monthly Archives: December 2012

Business Associates Face Challenges on All Fronts

Posted by Kate Layman on December 10, 2012
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Since the implementation of the privacy and security regulations of the Health Insurance Portability and Accountability Act (“HIPAA”) in 2003 and 2005 respectively, business associates (“BAs”) – those entities that perform services for or on behalf of covered entities – had been a weak link in the overall protection of protected health information (“PHI”).   BAs were not directly subject to HIPAA, but were only indirectly subject to its requirements through the business associate agreements – which were generally boilerplate – that covered entities were required to maintain as a condition of sharing PHI.  Thus, under the original regulatory structure, the only risk for a BA was for a breach of contract. Continue reading…

Kate Layman

Kate Layman is a member of the firm and practices in the Health Law Group. Her practice includes compliance and regulatory advice, often in connection with ongoing litigation or transactions. Kate has significant experience in HIPAA and related privacy issues as well as application of the Medicare Secondary Payer Act with respect to non-group health plans.

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