HIPAA Lawsuit Raises Questions About HHS' Oversight of Business Associates

A recent court filing from the Department of Health and Human Services (HHS) urging the U.S. District Court in Washington, D.C. to dismiss a lawsuit has raised new questions about how the agency enforces HIPAA regulations—such as record request fees and privacy standards—for business associates. Healthcare attorney Shannon Hartsfield told FierceHealthcare why this has struck a chord with legal professionals in the industry.

"It's puzzling that the government seems to be saying the business associate doesn't have to comply with the privacy rule," said Hartsfield. "I've always taken the view that the business associate needs to comply with the privacy rule to the extent they've been delegated," Hartsfield says. "Maybe [HHS] isn't really stepping away from that, but it creates confusion about that issue."

READ: HIPAA Lawsuit Raises Questions About HHS’ Oversight of Business Associates