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Until the HITECH Act was enacted into law on February 17, 2009, as part of ARRA, a business associate’s compliance with HIPAA’s regulations was mandated only as part of the contract (see 164.504(e)(1) ) with its respective Covered Entity (“CE”). BA compliance with the required sections of the SR were to go into effect one year post the enactment of HITECH, however, HHS (circa February 2010) delayed the compliance effective date for BA’s, apparently to provide a little more breathing room to the impacted entities (see HITECH Effective Dates One Year Out). The additional requirements of this title that relate to security and that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.
In short, a BA must comply with the enumerated sections above in the same way a CE is required to comply, and must also comply with any additional HITECH security requirements imposed upon a CE.
The framework in this guide discusses each of these areas in enough detail to enable providers and facilities to establish and maintain HITECH compliant technology architecture and processes.Discussion in the guide also covers issues addressing Electronic PHI vs.
Health Care Law BlogThoughts and comments on the health care industry, privacy, security, technology written by Bob Coffield. Health PopuliJane Sarasohn-Kahn is a health economist and management consultant that serves clients at the intersection of health and technology.


Internet LawyerDigital Business Law Group provides legal services covering areas such as copyright, trademark infringement, privacy issues, and more regarding use of the internet. Patient Centric HealthcareGeorge Van Antwerp's thoughts about healthcare and related topics. HIPAA Survival Guide (online)Practical advice for health care practitioners in light of regulations for the HITECH Act and HIPAA. Finally, any additional HITECH security requirements must be incorporated into the contract between the respective parties.
As we all know, there are no perfect standards or frameworks, but the Business Associates Guide to The Security Rule is a great place to start.



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