HITECH’s Effect on Marketing Communications and Business Associate Liability

This webinar will describe the effect of HITECH on marketing communications and business associates, specifically the Privacy, Security and Enforcement Rules found at 45 C.F.R. Parts 160 and 164 and how to comply with these regulations.

Why Should You Attend:

HITECH has made some issues certain while some others are a little more ambiguous. This webinar will discuss ambiguities surrounding marketing and how these issues may be interpreted. For example:

• When can a covered entity use protected health information to send sponsored communications without patient authorization?
• Does the use of a business associate matter when sending these sponsored communications?
• Who is considered a Business Associate and does it matter?

During this session, we will discuss HITECH’s effect on data breach, liability for business associates, data analytics and hybrid entities. While it is certain that regulatory liability extends to business associates, it is less clear when enforcement may occur. The presenter will highlight certain “grey areas” in the regulation and any possible clarification made by HHS’s Office of Civil Rights and also describe any changes that may be necessary for Business Associate Agreements.

This webinar will also explore what to expect from an enforcement perspective in 2013.

Areas Covered in the Webinar:

• Overview of Marketing Definition, including exceptions to the definition, such as communications for treatment, payment, healthcare operations, and refill reminders
• Implications of use of a business associate to send marketing communications and the effect of dataflow and payment
• Examination of the definition of Business Associates and Subcontractors and review of the liability that HITECH imposes on both
• Operational issues for covered entities and business associates
  • Business associate agreements requirements – what you need to implement in new agreements, and what you need to update in old agreements
  • Breach notification
  • Analytics
  • Hybrid entities
• Enforcement - what is to come. What you should do to prepare for an inspection and how failure to comply with the guidelines may impact your business