Another HIPAA deadline is approaching. Covered entities and business associates have until Tuesday, September 23, 2014, to bring existing business associate agreements (“BAAs”) into compliance with HIPAA.
This HIPAA deadline may sound familiar. As we noted last year (see article here), the HIPAA Omnibus Final Rule, enacted January 25, 2013, implemented new requirements for complying with HIPAA, including new requirements for BAAs. Most covered entities and their business associates had to comply with the new requirements last year – specifically, by September 23, 2013. However, the Omnibus Final Rule included a transition period in situations where: (i) there was a compliant BAA in place on January 25, 2013 (the date of the Omnibus Final Rule), and (ii) the BAA was not modified between March 26, 2013, and September 23, 2013. That transition period ends on Tuesday, September 23, 2014, meaning that all BAAs must be HIPAA compliant by that date.
Covered entities should make sure that their BAAs have been revised since January 25, 2013, to comply with the Omnibus Final Rule. If you have any BAAs that predate January 25, 2013, you will want to make sure that those are revised to be compliant with the Omnibus Final Rule by September 23.
If you need assistance in evaluating or revising your BAAs, please contact any member of the McCandlish Holton Health Care Team.
Health Care Team Attorneys:
Samuel C. Haisley
Thomas W. McCandlish
Samantha S. Otero
Alana M. Ritenour