HITECH Business Associates Task Force: Waiting for the Other Shoe to Drop
By John R. Christiansen, Christiansen IT Law, Seattle, Washington
Chair, ABA Health Law Section HITECH Task Force
The February 17 compliance date for most Business Associate requirements under HITECH has come and gone, and we are still waiting for regulatory guidance. The unofficial word is that we probably should anticipate a notice of proposed rule making (NPRM), and perhaps some enforcement leniency for violations which aren’t too egregious. But we still don’t know when to expect anything to be published, or how lenient enforcement might be. So what’s a lawyer to do?
One thing you can do is join the HITECH Business Associates Task Force. The Task Force gives Health Law Section members an opportunity to track regulatory developments and current insights into privacy, security, electronic health records and other issues affecting compliance and legal liabilities of Business Associates under the HITECH Act. We have already published and provided podcasts and audioconferences on breach notification, security compliance and related issues, and are working on contract forms and commentary. We also provide regulatory and other documents, and a listserv. We welcome your involvement to make our work better!
Because some day soon, the other HITECH shoe will drop, and then we’ll really have our work cut out for us. Please contact Simeon Carson at Simeon.Carson@americanbar.org if you are interested.
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