Who determines if a data breach has occurred?
Under the rule it’s the business associate’s obligation to determine whether or not a data breach of unsecured protected health information. The covered entity does not have the responsibility to look over the business associate’s shoulder to determine whether or not an event constitutes a breach of protected health information. However, oftentimes covered entities are tempted to assert more control than the rule requires. This video reviews further details about the obligations of reporting data breaches; as well as discusses accounting of disclosures responsibilities of business associates.
Agenda
Faculty
Allen Briskin
Pillsbury Winthrop Shaw Pittman LLP
- Senior Counsel in the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP
- Legal practice emphasizes health care provider representation in transactions and regulatory compliance
- Regularly advises covered entities and business associates (vendors, ASPs, banks, health information exchange organizations, billing and management companies, social media and personal health technology providers) regarding BA obligations and agreements
- Best Lawyers in America, Legal 500 U.S.
Gerry Hinkley
Pillsbury Winthrop Shaw Pittman LLP
- Partner in the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP
- Legal practice emphasizes health care provider representation in transactions and regulatory compliance
- Chair, Health Care Industry Team, Pillsbury Winthrop Shaw Pittman LLP
- Vice chair, HIMSS Legal Task Force
- Regularly lectures on health care reform, privacy and security
- Ranked by Chambers USA, Healthcare: Transactional - National, Healthcare - California (2005 to 2013)
- Recognized by Best Lawyers in America, Health Care Law (2007 to 2013), Legal 500 U.S., Data Protection and Privacy (2011 to 2013), Best of the Best USA, Health Care, Euromoney/Legal Media Group (2011 to 2013)
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