In a situation where litigation support services are provided to a HIPAA compliant entity, that litigation support becomes a business associate for HIPAA purposes. This requires that the party receiving litigation services ensure that the party complies with HIPAA regulations.
The party providing litigation services will also need to provide the proper security measures for the protected health information being handled. The party providing litigations services must be capable of providing physical, technical, and administrative security to prevent a data breach.Even if the litigation service is provided to the lawyer of the HIPAA compliant entity, the litigation service may need to agree to comply with HIPAA regulations. The compliance of the litigation service provider is the responsibility of the HIPAA compliant entity. Any failure by the litigation service provider to comply with HIPAA is the responsibility of the healthcare provider or biller, including any resulting fines or penalties.
In conclusion:
- In situations where legal support is provided to a HIPAA responsible entity, that legal support becomes a business associate.
- Business associates must comply with the privacy rules outlined in HIPAA.
- In the case of additional assistance provided to the HIPAA responsible entity’s lawyer, that person may need to agree to HIPAA policies in a contract.
- Telegenisys is an externally audited HIPAA compliant service provider that can offer assistance with case handling, records request and management functions.
