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The HIPAA privacy and security rules impose significant requirements on covered entities and their business associates; violations may result in penalties ranging from $119 to $59,522 per violation. (45 CFR § 160.404; 45 CFR § 102.3; 85 FR 2879). “Business associates” are generally those entities that create, receive, maintain or transmit protected health information (“PHI”) on behalf of a covered entity (45 § CFR 160.103, definition of
business associate); thus, most entities that handle data for healthcare providers or their business associates will become business associates and subject to HIPAA requirements, including data storage, data transmission, and cloud services providers unless an exception applies.
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Over a year after the declaration of a nationwide public health emergency due to the Coronavirus Disease 2019 (“COVID-19”) pandemic, providers are in a position to offer patients a variety of COVID-19 medical services, including diagnostic testing, disease treatment, and vaccinations. Payment obligations for these COVID-19 services have continued to spark questions from providers, patients, and insurers with respect to mandatory coverage requirements and permissive coverage limitations.
The Families First Coronavirus Response Act (“FFCRA”) and Coronavirus Aid, Relief, and Economic Security (“CARES”) Act require group health plans and health insurance issuers offering group or individual health insurance coverage to provide benefits for certain items and services related to testing, diagnosis, and treatment of COVID-19 after March 18, 2020, through the end of the public health emergency.