Top Mistakes of Business Associates in Healthcare: How to Avoid Partnership Pitfalls

March 13, 2024

Hi Business Associates (BAs)! 

We know that working with healthcare practices adds the stress of securing the Protected Health Information (PHI) of patients. Running a business and protecting patients can be tough, but it’s a requirement under HIPAA. 

This shared responsibility is key to keeping your business compliant, allowing you to have a successful business, happy partners, and of course, safe patients. 

Here are some of the most common compliance violations BAs make, and how you can avoid them. 

Dude, Where’s My Business Associate Agreement? 

The first thing a Business Associate needs to do is sign a Business Associate Agreement (BAA) when working with a Covered Entity (CE). BAAs are a game plan for our business alongside healthcare practice. With a proper BAA, your organization has documentation of your shared responsibilities to keep PHI secure. 

If there’s anything you need to know about compliance, it’s to document everything!

This BAA includes important information about permitted uses and disclosures of PHI, safeguards that the BA is expected to establish, Breach Notification requirements, training requirements and more. 

Now, this map of your partnership seems like a pretty easy thing to do, especially because it takes some liability off of your shoulders. 

However, one of the most common violations of HIPAA for BAs is not having this agreement documented.

There have been millions of dollars in fines that stem from one simple thing: not having a BAA. It’s a simple step your business has to take, and with Abyde, we make it easy.

With our software, we will draft a personalized BAA for your organization. All you have to do is sign it and send it off to your CE partner. Worried about losing this BAA? Don’t worry! It lives in the software having this documentation readily available for your business.

Getting Schooled

A Lack of training is another top mistake for BAs. Once again, as a BA, it is imperative to be aware and educated on compliance. While compliance training might not exactly be as exciting as a Rocky montage running around Philly, it is very important, and when done right, can be fun. Abyde nails entertaining training with our interactive material, simplifying complicated topics into top-notch training. 

Once again, training is vital for BAs, and when not completed, the consequences can be severe. When you violate HIPAA rules, like not training, the minimum fine is $137 per incident. Something like that can add up pretty quickly. 

Additionally, training is so important in promoting a culture of compliance, ensuring all employees know the essential role they play in your business.

Breach Bandits

Unfortunately, breaches are common in healthcare. While it is imperative to take proper precautions against breaches, like having an IT company’s assistance, controlled access, and more, it can still happen. Sometimes, no matter how hard you secure your business, breach bandits still find a way through your security. 

While it might happen to you, you can always control how you handle the situation. Before a breach even occurs, you need to take the proper cybersecurity precautions, and also complete a Security Risk Analysis (SRA). 

After a breach, it is required to follow the Breach Notification Rule of HIPAA. The Breach Notification defines what your business needs to do if it is impacted by a breach, including how it needs to be reported and how it must be shared with affected patients. 

The consequences of improperly handling a breach can be catastrophic, with major fines affecting your business. 

For example, the first ransomware attack ruled on by the OCR impacted a BA. This Business Associate was caught in the crosshairs of a ransomware attack and was fined $100,000 due to their lack of a SRA and having no policies and procedures in order. 

Now, dun dun dun! That’s where Abyde steps in again. Our software includes a simple SRA for your business to complete, going through all OSHA requirements in a questionnaire that takes minutes to complete. Well, you might now be wondering: What about policies and procedures? How do I quickly write those? I don’t know what I need? Well, the Abyde software has dynamically generated policies and procedures for your practice, drafted in seconds. 

Overall, your friends at Abyde know that running both a successful business AND ensuring the protection of patients’ data can be complicated, and that’s why we’re here to help. 

Abyde is the simple solution for all of your compliance concerns, with our intuitive software making compliance easy. 

To learn more about how Abyde can eliminate your business’ compliance worries, email us at info@abyde.com or schedule a consultation here.

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