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 New Hampshire HIPAA Privacy Compliance Agreement for Business Associates is a legally binding document that outlines the responsibilities and obligations of business associates in safeguarding protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITCH) Act. Business associates are individuals or organizations that provide certain services to covered entities, such as healthcare providers or health plans, and have access to PHI. The agreement ensures that these business associates comply with the privacy and security provisions of HIPAA and HITCH when handling PHI. This agreement is crucial for maintaining the privacy and security of PHI. It sets the standards and requirements for business associates to protect this sensitive information from unauthorized disclosure or use. By signing this agreement, business associates affirm their commitment to HIPAA regulations and agree to implement appropriate safeguards to protect PHI. The New Hampshire HIPAA Privacy Compliance Agreement for Business Associates includes several key provisions: 1. Definitions: This section clarifies the terms used throughout the agreement, ensuring a common understanding of key concepts. 2. Obligations of the Business Associate: The agreement outlines the specific responsibilities of the business associate in handling PHI. This includes maintaining the privacy and security of PHI, implementing administrative, physical, and technical safeguards, conducting regular risk assessments, and promptly reporting any breaches or security incidents. 3. Permitted Uses and Disclosures: Business associates are only permitted to use or disclose PHI as specified in the agreement or as required by law. They must obtain written authorization from the covered entity for any uses or disclosures beyond those permitted. 4. Subcontractors: If a business associate engages subcontractors to perform specific services involving PHI, they must ensure that those subcontractors also agree to comply with HIPAA and HITCH regulations. This provision ensures that all parties involved in handling PHI are held accountable for maintaining its privacy and security. 5. Term and Termination: The agreement specifies the duration of the relationship between the business associate and the covered entity. It also outlines the conditions under which either party can terminate the agreement, such as a breach of terms or non-compliance. It is important to note that different organizations may have specific variations of the New Hampshire HIPAA Privacy Compliance Agreement for Business Associates tailored to their unique needs. These variations may be based on factors such as the nature of the services provided, the size of the organization, or any additional state-specific requirements. It is recommended to consult legal professionals or HIPAA compliance experts to ensure complete compliance with the applicable regulations.
