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May 20, 2013

HITECH: Business Associates Beware – New Rules, Audits and Enforcement on the Horizon!

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Cynthia J. Larose
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Sunday, June 24, 2012
Administrative & Regulatory / Civil Rights / Communications, Media & Internet / Consumer Protection / Health Law & Managed Care / Labor & Employment
All Federal
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The upcoming HIPAA Omnibus Rule is poised to transform an already challenging privacy and security landscape for business associates or those who provide services to HIPAA “covered entities.” The HITECH Act has already imposed greater compliance responsibility on business associates and their subcontractors. The rules are set to change further and failure to comply can result in compliance reviews, investigations, seven figure financial penalties, and other sanctions. In fact, the Office for Civil Rights, the agency responsible for HIPAA enforcement, recently announced concerns regarding business associate HIPAA compliance and plans to target business associates in upcoming audits.

If this is not enough to keep your privacy officer and security officers busy, there are overlapping, and continually evolving, state data security laws that must be evaluated along with HIPAA in order to ensure full compliance with privacy and security requirements. It is critical to protect your organization on all fronts with respect to these laws.

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About the Author

Cynthia J. Larose
Member

Cynthia is a Member of Mintz Levin’s Corporate & Securities Section, Chair of the Privacy & Security practice, and a Certified Information Privacy Professional (CIPP). Cynthia represents companies in information, communications, and technology, including e-commerce and other electronic transactions. She counsels clients through all stages of the “corporate lifecycle,” from start-ups through mid- and later-stage financings to IPO, and has broad experience in technology and business law, including online contracting issues, licensing, domain name issues, software...

CJLarose@mintz.com
(617) 348-1732
www.mintz.com/people/211/Cynthia_J_Larose

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