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June 3, 2019

In This Issue
IN THE SPOTLIGHT
Maine AG Sues Purdue Pharma for Deceptive Opioid Marketing
Reported Measles Cases Continue to Rise
New HIPAA Guidelines for Business Associates
AMA Opioid Task Force Recommendations Offer Roadmap to Policymakers
This Week's Public Health Updates from the AMA
Governor Mills Announces Opioid Response Summit July 15th
MedHelp Maine Seeks Data on Unaffordable Medicines
129th MAINE LEGISLATURE
MMA Legislative Call Tuesday, June 4th
"Death With Dignity" Bill Passes House and Senate, and Other State House Highlights of the Week
UPCOMING EVENTS
Upcoming Specialty Society Meetings
Assessing and Managing Non-Suicidal Self-Injury and Suicide Risk in Healthcare Settings - 3 Hour CME Training for Healthcare Professionals at MMA on Friday, June 21, 2019
Quality Counts: Rapid Induction Starting in the ED (RISE) Training, Webinars, ECHO Program
MICIS 2019 Clinical and Legal Opioid Update - June 5 in Augusta
Maine Professionals Health Program 1-day wellness conference June 13, 2019 - Augusta Civic Center
2019 Jurisdiction K Listening Tour - June 18 - South Portland
The Maine Concussion Management Initiative Will Be Offering Training Programs June 21 and October 29
2019 Mary Cushman, MD Award for Exceptional Humanitarian Service as a Medical Volunteer
Maine Independent Clinical Information Service 2019 Presentations
HEALTHCARE EMPLOYMENT OPPORTUNITIES
Family Medicine Specialist or an Internist
Physician (BC/BE in Family Medicine)
BC/BE Family Medicine or Internal Medicine Physician
Family Medicine Opportunity in Beautiful Western Maine
PCHC in need of Pediatrician for Brand New Pediatric Center!
Outpatient Internal Medicine Physician Bangor, Maine
VOLUNTEER OPPORTUNITIES
Opportunities at the VA for Volunteer Physicians
Volunteer Opportunity with Partners for World Health

 
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New HIPAA Guidelines for Business Associates

[from Maine Hospital Association Friday Report]

The US Department of Health & Human Services Office of Civil Rights (OCR) has issued a fact sheet on the Health Insurance Portability and Accountability Act (HIPAA) requirements for business associates under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).

OCR’s rule relating to the HITECH act identifies provisions of the HIPAA rules that apply directly to business associates and for which business associates are directly liable.

As set forth in the HITECH Act and OCR’s 2013 final rule, OCR has authority to take enforcement action against business associates only for those requirements and prohibitions of the HIPAA rules as set forth below.

Business associates are directly liable for HIPAA violations as follows: 

1.    Failure to provide the Secretary with records and compliance reports; cooperate with complaint investigations and compliance reviews; and permit access by the Secretary to information, including protected health information (PHI), pertinent to determining compliance;

2.    Taking any retaliatory action against any individual for filing a HIPAA complaint, participating in an investigation or other enforcement process, or opposing an act or practice that is unlawful under the HIPAA Rules;

3.    Failure to comply with the requirements of the Security Rule;

4.    Failure to provide breach notification to a covered entity or another business associate;

5.    Impermissible uses and disclosures of PHI;

6.    Failure to disclose a copy of electronic PHI to either the covered entity, the individual, or the individual’s designee (whichever is specified in the business associate agreement) to satisfy a covered entity’s obligations regarding the form and format, and the time and manner of access under 45 C.F.R. §§ 164.524(c)(2)(ii) and 3(ii), respectively;

7.    Failure to make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure or request;

8.    Failure, in certain circumstances, to provide an accounting of disclosures;

9.    Failure to enter into business associate agreements with subcontractors that create or receive PHI on their behalf, and failure to comply with the implementation specifications for such agreements; and

10. Failure to take reasonable steps to address a material breach or violation of the subcontractor’s business associate agreement.

More details can be found at the link above. 

Legal Brief is a regularly recurring section of the MHA Friday Report that highlights new statutes, rules, judicial opinions or other legal news of interest to hospitals.

MHA Contact:  Sandra Parker

 

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