tci ED Coding & Reimbursement Alert - 2020 Issue Q3

Reader Questions: Does HIPAA Apply to Contractor Outside US?

Question: Our company uses a small cloud services provider (CSP) based in Canada. Does HIPAA still apply to our business arrangement? Tennessee Subscriber Answer: Yes, and all the rules about electronic protected health information (ePHI), including the need for business associate agreements (BAAs), still apply. Remember that the HHS Office for Civil Rights (OCR) warns of increased risk to ePHI processed or stored outside of the United States, especially if the server is in a country where cybersecurity risk is high. More cloud service providers are touching ePHI every day. While the OCR provides sample business associate contract provisions...

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