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A Comprehensive Guide to the Legal Obligations, Penalties Compliance and Encryption Solutions
01/22/2010 - By John J. Nail CLU

Effective February 17, 2010 HITECH substantially expands the scope of the HIPAA Privacy and Security Rules and applies them to business associates (BA’s).

As a “trusted advisor” now you are subject to the sameFederal laws the carriers are.

Effective February 17, 2010 HITECH substantially expands the scope of the HIPAA Privacy and security Rules and applies them to business associates (BA’s).
The prior quotes from carrier BA agreements make it clear that as a benefits consultant or broker, regardless of your firm’s size, you are legally considered a “Business Associate” (BA) under HIPAA and your carrier’s producer contracts.

Appendix I details the full legal definition.

As a “trusted advisor” now you are subject to the same Federal laws the carriers and your clients have been since 2003. Welcome to the Party!
HITECH is about Healthcare Reform NOT HIPPA When President Obama signed the American Recovery and Reinvestment Act On February 17th, 2009 (the stimulus bill) a portion of the bill created the Technology for Economic and
Clinical Health Act (HITECH).

Having interchangeable PHI that is private, secure and trusted is a prerequisite to a national healthcare technology information infrastructure that will drive efficiencies in the entire healthcare system to drive down costs and improve care.

This is REAL healthcare reform and it is mandated for 2014 around the time the new healthcare bill will hit in full force. As such HHS, states and Federal government are going to take this very seriously and so should you.