My understanding is a CE is only required to report a BA's breach or violation to the Secretary in the event the BA cannot cure the breach OR the Agreement cannot be terminated.
Dee Warrington Director, HIPAA and Regulatory Compliance OAO HealthCare Solutions, Inc. 20955 Warner Center Lane Woodland Hills, CA 91367 (818) 598-6606 Fax: (818) 598-3270 [EMAIL PROTECTED] Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -----Original Message----- From: Francine Kaplan [mailto:[EMAIL PROTECTED] Sent: Friday, March 28, 2003 6:54 AM To: WEDI SNIP Privacy Workgroup List Subject: BAA termination on material breach Does a CE HAVE to report a BA to the Secretary if the CE discovered a breach and the BA cannot cure the breach after reasonable time and efforts? Your thoughts are appreciated. Thanks Francine W Kaplan, DAG (609) 777-3427 -------------------------------------------------------- Notice: This e-mail message and any attachment to this e-mail message contain information that may be legally privileged and confidential from the State of New Jersey, Department of Law and Public Safety, Division of Law. If you are not the intended recipient, you must not review, transmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please immediately notify us by return e-mail or by telephone at 609-292-5660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the State of New Jersey, Department of Law and Public Safety, Division of Law. This notice is automatically appended to each e-mail message leaving the State of New Jersey, Department of Law and Public Safety, Division of Law. --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
