HIPAA Business Associates, in general terms, are companies or other organizations who contract with HIPAA “Covered Entities” (Health payers, health providers and clearinghouses) and create, use, transmit or maintain confidential patient information (Protected Health Information or PHI). Beginning in 2013, HIPAA Business Associates are themselves regulated by the HIPAA regulations and are subject to both civil and criminal penalties for violations of the rules.
HIPAA Business Associates have experienced HIPAA breach fines in the millions of dollars. Eagle Consulting offers HIPAA Policy Templates specifically tailored to different types of Business Associates, including cloud computing vendors, IT managed services companies, and third-party administrators.
How do you ensure cloud storage HIPAA compliance? There are a number of file storage services in the cloud and if you are designated a business associate for a healthcare payer or provider you need to form the right policies and agreements.
Healthcare organizations are increasingly using cloud computing vendors for electronic records, billing and revenue cycle management, file sharing, backup, and a wide variety of other functions — and HHS Office for Civil Rights (OCR) has released important new guidance for these companies.
Eagle’s opinion is that the agreement meets the minimum requirements of a HIPAA BAA, and as such Google accepts the minimum liability in the event of a data breach which is to send you “applicable Breach notifications” via email in the event of a breach. Google will not indemnify you, reimburse you for your breach notification costs, or pay any other damages.
Risk analysis for business associates is one of Eagle’s smart services, and it’s always needed both for business associate firms themselves and for the hospital, clinic and other healthcare entities relying on their associates for compliance to help avoid breaches and resulting government penalties. Compliance failures can cost up to $50,000 per incident.