Oh no! Breach by a business associate

Mark J. Fox (mfox@acc.org) is Privacy and Research Compliance Officer at American College of Cardiology in Washington, DC. Thora A. Johnson (tajohnson@venable.com) is a Partner at Venable LLP in Baltimore, MD.

Business associates perform functions on behalf of covered entities, such as health insurance issuers and most healthcare providers, that require the use and disclosure of protected health information (PHI).[1] The risk of a breach is real. A business associate that takes a proactive approach will allow both the business associate and the covered entity to respond more effectively and expeditiously under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Breach Notification Rule and other applicable federal and state law.

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