Partner Mike Overly was quoted in a Modern Healthcare article, “Wider HIPAA Audits May Drive Stronger Vendor Contracts,” on March 23, 2016. The article discussed the announcement that vendors of healthcare organizations, termed “business associates,” will be included as primary targets in the second round of HIPAA audits by the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR). The audits are intended to clamp down on vendors handling patient data for healthcare organizations to ensure HIPAA-compliance and minimize security failures that could lead to a data breach. The announcement also suggests that enforcement of the OCR’s more stringent privacy and security rules could give healthcare organizations more leverage to get stronger agreements with their vendors.
Overly was quoted saying, “It will force greater visibility into what’s going on – and greater accountability. In many instances, covered entities don’t have the right to go in and audit what a business associate is doing.” He continued to explain, now that business associates are legally liable to the feds for compliance with HIPAA privacy and security rules, “covered entities will insist on having some kind of audit rights” when they sign HIPAA-mandated agreements with these vendors.
Overly was quoted saying, “It will force greater visibility into what’s going on – and greater accountability. In many instances, covered entities don’t have the right to go in and audit what a business associate is doing.” He continued to explain, now that business associates are legally liable to the feds for compliance with HIPAA privacy and security rules, “covered entities will insist on having some kind of audit rights” when they sign HIPAA-mandated agreements with these vendors.
People
Related News
02 May 2024
In the News
Aaron Maguregui Assesses New Third-Party Tracking Guidance Update
Foley & Lardner LLP partner Aaron Maguregui comments on the U.S. Health and Human Services Office for Civil Rights’ (OCR) recently updated guidance on third-party tracking technology and its compliance implications
01 May 2024
In the News
Jana Kolarik on Health Care Compliance, AI
Foley & Lardner LLP partner Jana Kolarik emphasizes the importance of staying on top of recent changes in rules and enforcement priorities in the Relias Media article, "Compliance Requirements Continue to Change, Need Close Attention."
26 April 2024
In the News
IP Laterals Ngai Zhang and Drew Schulte Make Headlines with Move to Foley
Foley & Lardner LLP partners Ngai Zhang and Drew Schulte are featured across legal press for their recent move to the firm, including in the Law360 article, “Foley & Lardner Gains Two Perkins Coie IP Partners.”