| mitigation
(HIPAA)
textCovered
entities have a duty to mitigate, "to the extent
practicable," any harmful effects due to uses or disclosures
of protected health
information (PHI) in violation of the regulations or their
own policies.
DHHS has noted
in commentary that the duty to mitigate arises only when the
covered entity "has actual knowledge of harm." The
covered entity is required to take "reasonable steps"
to reduce deleterious effects of those actions about which
it knows.
Covered entities
are not required to monitor the practices of their business
associates in detail. However, entities are obligated
to take reasonable steps to respond to any problems at associates
of which they become aware.
Obviously there
is an obligation for a covered entity to undertake reasonably
close monitoring of the activities of members of its workforce.
See also:
Last modified:
14-May-2005
[RC]
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