Filed Under:Markets, Employee Benefits

What if health information escapes?

The new federal protected health information privacy and security final regulations will tighten the rules governing how health insurance agents and brokers share "protected health information" (PHI).

Mark Holloway, a lawyer in the health reform advisory practice at Lockton Benefit Group, talks about the changes in a commentary on the regulations.

In the final regulations, HHS has now decided to include a business associate's subcontractors in the definition of "business associate," Holloway said.

"This means that the HIPAA confidentiality obligations and enforcement regime would extend to these subcontractors (even though they do not have a direct relationship to the health plan) to the extent that the subcontractors create, maintain or transmit [protected health information (PHI)] on behalf of the business associate," Holloway said.

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Nichole Morford

Nichole Morford
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