The Omnibus Rule amending HIPAA changed the liability of business associates—that is, entities that provide services, such as transcription services, for covered entities—to make covered entities liable for the HIPAA breaches of their business associates under the federal common law of agency. Civil money penalties and litigation have already resulted in seven-figure liability.
Not being fully aware of the changes in liability for business associate breaches and failing to take precautions to avoid such liability can result in tremendous financial losses. Even if the covered entity or upstream business associate escapes liability in a lawsuit or investigation by the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“DHHS”), the expenditure of time and resources in defending such a case can be tremendous. Just imagine the weeks-long battle to decide whether the covered entity is liable under the federal common law of agency.
In an informative webinar, attorney Jonathan P. Tomes— a nationally recognized authority and expert witness on health information law—will shed light on the key language in business associate contracts. He will discuss the tools for determining whether your business associates can put you at risk of liability for their breach. Plus, he will provide samples of indemnification clause and disclaimer of an agency relationship.
Who should attend
- Jim Sheldon-Dean
Attorney Jonathan P. Tomes is a nationally recognized authority and expert witness on health information law, having written more than 50 books and dozens of articles. He is president both of EMR Legal, Inc., which provides HIPAA seminars and consulting nationwide, and of Veterans Press, which publishes HIPAA compliance materials. He has co-authored a soon to be published book by the American Bar Association titled “What Are International...
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