The "Health Information Technology for Economic and Clinical Health Act" ("HITECH Act") was signed into law on February 17, 2009 and takes effect February 17, 2010. It expands HIPAA privacy and security regulations. The two most important changes in the HITECH Act for business associates of HIPAA covered entities are (a) requirement that business associates comply directly with Security Rule provisions directing implementation of administrative, physical and technical safeguards for electronic protected health information and (b) expanded breach notification rules for both covered entities and their business associates.
This agreement is intended to work as a side agreement or collateral agreement to an existing or pending contract with a Business Associate that deals solely with HIPAA privacy issues. It is not intended to be the complete and final written expression of a services agreement between a health care provider and a contractor.
Arizona Rider: An Arizona Rider refers to a specific addendum or attachment to the HIPAA Privacy Compliance Agreement for Business Associates that is required to be executed by business associates operating within the state of Arizona. This rider is designed to ensure compliance with the Health Information Technology for Economic and Clinical Health (HITCH) Act, which enhances the privacy and security requirements outlined in the Health Insurance Portability and Accountability Act (HIPAA). Arizona Rider Types: 1. Arizona Rider to HIPAA Privacy Compliance Agreement: This type of rider is tailored specifically for business associates operating in Arizona and includes additional provisions and requirements that are specific to the state's laws and regulations regarding the protection and handling of protected health information (PHI). It outlines the responsibilities and obligations of the business associate to comply with both federal HIPAA regulations and Arizona state laws. 2. Arizona Rider to HITCH Act Compliance Agreement: This rider focuses on ensuring that business associates are in full compliance with the HITCH Act, which is an extension of HIPAA. It mandates stricter requirements for the privacy and security of PHI and introduces new provisions, such as breach notification requirements and increased penalties for non-compliance. The Arizona Rider specifies the business associate's obligations and responsibilities under the HITCH Act, as well as any additional requirements imposed by Arizona state laws. 3. Arizona Rider to Collateral Agreement: In addition to the HIPAA Privacy Compliance Agreement, business associates may also be required to enter into a Collateral Agreement with covered entities. The Arizona Rider to Collateral Agreement ensures that the business associate understands and agrees to adhere to the specific privacy and security requirements outlined in both the Collateral Agreement and the Arizona state laws. It further emphasizes the business associate's commitment to protecting PHI and complying with applicable regulations. Overall, the use of Arizona Riders or Collateral Agreements aims to ensure that business associates in Arizona maintain compliance with both federal and state-level laws and regulations related to HIPAA and the HITCH Act. These agreements help to safeguard the privacy and security of individuals' health information, promote accountability, and mitigate potential risks.
