![]() Examples of business associates include billing companies, transcription companies, legal counsel and entities performing management or administrative services for covered entities who require access to protected health information. A business associate is a person or entity that performs functions on behalf of a covered entity that involve the use or disclosure of protected health information. Pursuant to these regulations, a covered entity includes a health plan, health care clearinghouse or health care provider that transmits health information in electronic form (an anesthesia practice that submits a health care claim electronically is an example of a covered entity). The breach notification provisions of the HITECH Act and the Final Rule are applicable to “covered entities” and their “business associates,” as these terms are defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Administrative Simplification regulations, codified at 45 C.F.R. Which Entities Are Governed By the Final Rule? If yes, to whom must notification be provided, and what information must be provided?.If yes, did the breach involve “unsecured protected health information”?.Which entities are governed by the Final Rule?.These considerations, which will be addressed each in turn by this article, include the following: There are several main components of the Final Rule, which must be considered individually. The provisions of this Final Rule were effective September 23, 2009. In compliance with Section 13402 of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, on August 24, 2009, the Department of Health and Human Services (“HHS”) issued an interim final rule with comment period (“Final Rule”), which requires covered entities and their business associates to provide notification of breaches of unsecured protected health information (“PHI”). ![]() ![]() The Health Law Partners, P.C., Southfield, MI
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