Business Associate Agreements Under HITECH Act

Law360, New York (January 14, 2010, 3:05 PM EST) -- As insurers, producers and administrative service providers work toward compliance with the privacy and data security requirements of the Health Information Technology for Economic Clinical Health Act (“HITECH”)[1], one particularly thorny issue is “What needs to be done with business associate agreements?”

By way of background, a business associate generally is any person who performs a function on behalf of, or certain services for, a covered entity regulated under the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) where...
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