Does HHS really expect all covered entities and business associates to amend their business associate contracts within 180 days of the new Rules going into effect?
No. HHS proposes to relieve some of the burden on covered entities and business associates in complying with the revised business associate provisions by adding a transition provision to grandfather certain existing WRITTEN contracts for a specified period of time – specifically, the transition period would allow covered entities and business associates (and business associates and business associate subcontractors) to continue to operate under existing contracts for up to one year beyond the compliance date of the revisions to the Rules if, prior to the publication date of the modified Rules, the covered entity or business associate had an existing contract or other written arrangement with a business associate or subcontractor, that complied with the prior provisions of the HIPAA Rules and such contract or arrangement was not renewed or modified between the effective date and the compliance date of the modifications to the Rules. The transition period would also apply to contracts th
Related Questions
- Does a Business Associate (an agent) need to report a breach to HHS or should it be reported to the carrier (a covered entity) and the covered entity report to HHS?
- Why were the HIPAA Privacy standards for business associates and covered entities combined into one (1) accreditation?
- Is it reasonable for covered entities to be held liable for the privacy violations of business associates?
