HIPAA Business Associates, cont. from page 13 ranged from $50,000 for a breach involving less than 500 patient records to $1.7 million for improper exposure of over 600,000 patient records. Id. 19
http://www.hhs.gov/ocr/privacy/hipaa/ understanding/coveredentities/contractprov.html.
20
In its comments to final regulations covering BAAs, OCR optimistically estimated that each BAA “will require, at most, one hour of a lawyer’s time ... “78 Fed. Reg. 5678 (Jan. 25, 2013). In the writer’s experience, this estimate is unrealistically low.
21
45 CFR § 160.402(c).
Rebecca J. Kurland has advised providers and companies in the health care industry on business and transactional matters for 25 years, structuring transactions and internal processes to comply with state and federal laws such as HIPAA, anti-kickback and physician self-referral. Inquiries may be directed to rjk@kurlandlaw.com.
Morrill Law Firm 1333 N. California Blvd., Ste 620 • Walnut Creek, CA 94596 Phone 925.322.8615 • Fax 925.357.3151
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MAY 2014
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