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Patricia O'Connell
Senior Communications Manager

Kirk Nahra Comments on Next Phase of HIPAA Audits

Bloomberg BNA’s Health Care Daily Report
March 23, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted by Bloomberg BNA in a March 21 Health Care Daily Report article about the second phase of Health Insurance Portability and Accountability Act (HIPAA) audits, conducted by the U.S. Department of Health and Human Services’ Office for Civil Rights.

The first phase, conducted as a pilot program in 2011, focused only on covered entities, while Phase 2 will include both covered entities and business associates.

Mr. Nahra told BNA that the impact of Phase 2 on organizations will depend on how challenging the audit protocol is. According to the article, the audit protocols for each phase contain the specific issues auditors will be examining and provide detail on what documents organizations have to submit.

Mr. Nahra pointed out that while the protocol for the Phase 1 audits was very burdensome, Phase 2 audits will impact a small percentage of organizations.

“The problem with audits are their overall burden, the risks resulting from the audits, and the potential unfairness of picking people largely at random,” he said.

To read the full article, please click here.