HITECH's Impact on Business Associate Agreements With Healthcare Providers

Complying With New HIPAA Requirements and Preparing for Tougher Enforcement

HITECH Act effective Feb. 17

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, February 25, 2010

Recorded event now available

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Course Materials

This CLE course will examine the HITECH Act's expansion of HIPAA requirements to agreements between healthcare providers and business associates. The panel will outline strategies for healthcare providers to ensure compliance with the increased obligations.


The Health Information Technology for Economic and Clinical Health Act (HITECH) dramatically expands the scope and application of the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.

These changes have the greatest impact on business associates and their agreements with healthcare providers. For the first time, business associates, who provide a full spectrum of services to healthcare providers, will be directly subject to most HIPAA rules.

To ensure compliance with the new requirements, counsel to healthcare providers and business associates must examine the implications of HITECH for all existing and future agreements.

Listen as our authoritative panel of healthcare attorneys reviews the new HITECH requirements as they relate to business associates and business associate agreements, discusses evaluating existing agreements, and offers best practices for developing and negotiating new agreements.



  1. Business associates
    1. Who is a business associate?
    2. New requirements
  2. Compliance
    1. Compliance issues
    2. Enforcement of PHI policies
  3. Business associate agreements
    1. Evaluating existing agreements
    2. Considerations and best practices in developing and negotiating new agreements


The panel will review these and other key questions:

  • How does HITECH expand the application of HIPAA requirements to business associates?
  • What are the implications of the new HITECH requirements for healthcare providers' agreements with business associates?
  • What issues must healthcare providers and business associates now consider before entering into business associate agreements?


Shirley P. Morrigan
Shirley P. Morrigan

Foley & Lardner

She handles matters relating to licensure, certification, accreditation, medical staff governance and patient care....  |  Read More

Rachel Nosowsky
Rachel Nosowsky

Senior Counsel
Miller Canfield Paddock and Stone

She handles a broad range of health law and regulatory compliance matters, in particular in the areas of corporate...  |  Read More

Melissa K. Bianchi
Melissa K. Bianchi

Hogan & Hartson

She focuses on health care regulatory issues, with an emphasis on medical privacy as well as prescription drug coverage...  |  Read More

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