The Health Information Technology for Economic and Clinical Health Act (HITECH Act) is concerned with defining the requirements for being compatible with the security and privacy regulations of the Privacy Rule. The HITECH Act can be understood as a regulatory measure that has been introduced in anticipation of the sudden rise in the volume of healthcare practices adopting Electronic Health Records (EHRs) due to lucrative financial incentives offered by the American Recovery and Reinvestment Act of 2009 (ARRA).
The Privacy Rule lays down the standards that should be followed to become HIPAA-compliant but it is the HITECH Act that elaborates on the criticality of following these norms and lays down enforcement, accountability, penalty and persecution-related guidelines for those involved in sharing or accessing PHI.
With the change in the HITECH privacy provisions of ARRA, the business associate now has responsibility and liability directly for a breach. A breach requires notification, which is triggered when there is an incident of "unsecured protected health information."
The Minnesota HIPAA Privacy Compliance Agreement for Business Associates is a crucial legal document that outlines and promotes compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Especially in light of the HITCH (Health Information Technology for Economic and Clinical Health) Act's privacy provisions, businesses in Minnesota must ensure they have appropriate agreements in place with their business associates who handle protected health information (PHI). The purpose of this agreement is to establish a framework for the Business Associate's responsibilities in protecting the privacy and security of PHI as required by HIPAA regulations. By signing this agreement, the Business Associate acknowledges its compliance obligations and agrees to handle PHI in a manner that meets HIPAA standards. The Minnesota HIPAA Privacy Compliance Agreement for Business Associates typically includes the following key details: 1. Definitions: Clearly defines terms such as Business Associate, Covered Entity, PHI, and HITCH Act to provide a shared understanding for all parties involved. 2. Permitted Uses and Disclosures: Outlines the specific purposes for which the Business Associate may use and disclose PHI, ensuring that any uses and disclosures fall within the permitted scope defined by HIPAA regulations. 3. Safeguards: Details the measures the Business Associate must implement to protect the confidentiality, integrity, and availability of PHI. This may include encryption, access controls, audit controls, disaster recovery plans, and employee training programs. 4. Reporting Incidents: Outlines the Business Associate's duty to report any breaches or security incidents involving PHI promptly. It may include a timeline for reporting the incident and methods of communication. 5. Subcontractors: Stipulates that the Business Associate agrees to put in place agreements with any subcontractors, ensuring that they adhere to the same privacy and security requirements for handling PHI. 6. Access, Amendment, and Disclosure Rights: Recognizes the Covered Entity's rights to access, amend, and receive an accounting of disclosures of PHI held by the Business Associate. 7. Compliance Audits and Inspections: Specifies the Covered Entity's right to request regular audits and inspections to assess the Business Associate's compliance with HIPAA regulations. 8. Termination: Defines the conditions under which the agreement can be terminated, ensuring that PHI is appropriately returned or destroyed by the Business Associate upon termination. While there aren't specific subtypes of the Minnesota HIPAA Privacy Compliance Agreement for Business Associates for complying with the HITCH Privacy Provisions, it is important to note that the agreement may vary in language and provisions depending on the nature of the business and the specific requirements of the Covered Entity. However, the core elements discussed above are common across most agreements to ensure compliance with HIPAA regulations and the HITCH Act's privacy provisions.
