By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
    Health
    Healthcare organizations are operating on slimmer profit margins than ever. One report in August showed that they are even lower than the beginning of the…
    Show More
    Top News
    What Are the Benefits of CBD?
    November 27, 2021
    How to Measure Adult Diapers- The Ultimate Guide to Picking the Right Size
    March 8, 2022
    medicine cabinet
    The Effect Of Finished Dosage Form Manufacturing In New Drugs
    July 5, 2022
    Latest News
    7 Most Common Healthcare Accreditation Programs: Which Should You Use?
    August 20, 2025
    Hospital Pest Control and the Fight Against Superbugs
    August 20, 2025
    Hygiene Beyond The Clinic: Attention To Overlooked Non-Clinical Spaces
    August 13, 2025
    5 Steps to a Promising Career as a Healthcare Administrator
    August 3, 2025
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
    Policy and Law
    Get the latest updates about Insurance policies and Laws in the Healthcare industry for different geographical locations.
    Show More
    Top News
    Ebola Education, Hospital Marketing, Healthcare Marketing, Healthcare Communication
    Hospital Marketing and Ebola: Communication and Education Needed
    October 30, 2014
    healthcare IT
    The Billion Dollar Healthcare IT Opportunity That the US Government Wasted
    January 27, 2013
    red bull
    Downing Energy Drinks: A Real Buzz Kill
    March 17, 2015
    Latest News
    How Social Security Disability Shapes Access to Care and Everyday Health
    August 22, 2025
    How a DUI Lawyer Can Help When Your Future Health Feels Uncertain
    August 22, 2025
    How One Fall Can Lead to a Long Road of Medical Complications
    August 22, 2025
    How IT and Marketing Teams Can Collaborate to Protect Patient Trust
    July 17, 2025
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: How the Final Omnibus Rule Affects HIPAA Cloud Computing Providers
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > eHealth > How the Final Omnibus Rule Affects HIPAA Cloud Computing Providers
eHealth

How the Final Omnibus Rule Affects HIPAA Cloud Computing Providers

onlinetech
onlinetech
Share
5 Min Read
SHARE

The long-awaited final modifications to the HIPAA Privacy, Security, Enforcement and Breach Rules were introduced Thursday. The 563-word document outlines the changes that were initially slated for implementation last summer (remember the omnibus rule?). So how do these modifications affect HIPAA cloud providers?

The long-awaited final modifications to the HIPAA Privacy, Security, Enforcement and Breach Rules were introduced Thursday. The 563-word document outlines the changes that were initially slated for implementation last summer (remember the omnibus rule?). So how do these modifications affect HIPAA cloud providers?

While cloud providers have generally been considered and treated as business associates in the industry, the modifications make it even clearer that data center operators are officially considered business associates and are also directly liable for being compliant with the HIPAA standards that apply to business associates. The federal document states:

A data storage company that has access to protected health information (whether digital or hard copy) qualifies as a business associate, even if the entity does not view the information or only does so on a random or infrequent basis. Thus, document storage companies maintaining 26 protected health information on behalf of covered entities are considered business associates, regardless of whether they actually view the information they hold.  To help clarify this point, we have modified the definition of “business associate” to generally provide that a business associate includes a person who “creates, receives, maintains, or transmits” (emphasis added) protected health information on behalf of a covered entity.

As I wrote about in Healthcare Organizations: Seeking a Cloud Provider? BAAs Required, healthcare organizations need to be cautious about signing with ‘HIPAA-ready’ or ‘HIPAA certified’ cloud hosting providers. Being ‘HIPAA compliant’ or ‘HIPAA audited’ means they have undergone an independent audit, preferably measured against the latest OCR HIPAA Audit Protocol that outlines each requirement and auditor testing criteria.

More Read

Microsoft Tags (Barcodes) Used with LifeSaver Mobile Application-Paramedics Scan a Printed Card to Access Your Records
What Your Practice Can Learn from Hospitals Doing Social Media Right
Apple’s HealthKit Can Learn a Thing or Two from Microsoft HealthVault
What Fuels Patients Searching Online
Doctors 2.0 & You: Upcoming Conference in Paris in May (Early Bird Registration Ends Jan 31)

If you use a cloud service, it should be your business associate. If they refuse to sign a business associate agreement, don’t use the cloud service. – David S. Holtzman of the Health Information Privacy Division of OCR during a speech at the Health Care Compliance Association’s 16th Annual Compliance Institute.

Another point they make is that business associates must also adhere to the Breach Notification Rule – including the subcontractors of business associates. For an example of what a breach notification clause might look like in a business associate agreement (BAA), read our BAA Breach Notification Clause.

Covered entities and business associates should take note – the document also states that “these proposed changes would make covered entities and business associates liable under § 160.402(c) for the acts of their business associate agents, in accordance 61 with the Federal common law of agency, regardless of whether the covered entity has a compliant business associate agreement in place.”

While business associates and agents are directly liable under HIPAA, covered entities are also directly held responsible for any actions of their business associates and other contractors down the chain of command; making a great case for why it’s important to carefully choose your HIPAA cloud hosting provider. Healthcare Software as a Service (SaaS) companies, EHR providers and other supporting healthcare vendors need to ensure their cloud Infrastructure as a Service (IaaS) providers undergo annual HIPAA audits, train their staff in security, and have the policies and procedures in place that adhere to security guidelines.

 

References:
HHS: Modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules (PDF)

The post How the Final Omnibus Rule Affects HIPAA Cloud Computing Providers appeared first on Managed Data Center News.

TAGGED:cloud computingdata securityHIPAA
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

engineer fitting prosthetic arm
How Social Security Disability Shapes Access to Care and Everyday Health
Health care
August 20, 2025
a woman explaining the document
How a DUI Lawyer Can Help When Your Future Health Feels Uncertain
Public Health
August 20, 2025
physiotherapist at work
How One Fall Can Lead to a Long Road of Medical Complications
Health care
August 20, 2025
Common Healthcare Accreditation Programs
7 Most Common Healthcare Accreditation Programs: Which Should You Use?
Health News
August 20, 2025

You Might also Like

Pin Your Fans to Your Brand: Join Pinterest!

October 3, 2014
eHealthMedical Records

Tackle Telemedicine Coding With These CPT® and CMS Pointers

July 23, 2018
VNA storing and sharing information
eHealthMedical RecordsRadiologyTechnology

How a VNA Unifies Clinical Data Throughout an Enterprise

January 5, 2015
Marketing strategy
eHealthSocial Media

Why Physicians Shouldn’t Do SEO Themselves

February 11, 2016
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?