California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning Silvia, I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. I'm unsure what you are asking for when you say you want the HIPAA rule. Please explain? If you are looking for reporting procedures---that is under HITECH.2. Are you asking as a "Business Associate" of the hospital, or as a primary provider?3. Do you have a business associate agreement with the hospital already in place?Doug
Thank you Silvia. It is possible that your business associate agreement has more strict reporting requirements than does HITECH---so be sure to read the agreement carefully. Under HIPAA regulations, a "breach" means the acquisition, access, use or disclosure of protected health information (PHI) in a manner not permitted and which compromises the security or privacy of that PHI. This definition is consistent with the definitions in HITECH. For example, where an associate has 60 days to report certain breaches to the covered entity, the agreement you have in place could trigger a required notification much sooner than that. If there is not a sooner date, under HITECH, you have 60 days to report a "suspected breach" to the Covered Entity". The notification must contain: 1. A description of the event, 2. The date of the suspected breach, 3. The types of PHI involved, and 4. The actions in mitigation of the event that you have taken to date. Under HIPAA regulations, a "breach" means the acquisition, access, use or disclosure of protected health information (PHI) in a manner not permitted and which compromises the security or privacy of that PHI. This definition is consistent with the definitions in HITECH. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
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