Many covered entities and “upstream” business associates use foreign companies to perform services for them that make them business associates. The most common of these foreign company businesses appear to be transcription services, but foreign company services also include hosting services, such as cloud computing; billing services, data aggregation; and the sale and maintenance of electronic health records, among others. Such foreign services may be preferable for a number of reasons, such as lower cost. But a number of legal issues and potential liability costs exist in such arrangements that covered entities and upstream business associates should consider before entering into such agreements, and they need to include terms to protect themselves in the business associate agreement.

What Are International HIPAA Considerations? discusses those issues to alert its readers as to the issues and suggest how to handle them. I am pleased to say that I am a coauthor of this new American Bar Association (“ABA”) book with Rachel V. Rose, JD and MBA, and her father, Lance H. Rose, MHA, MS, LFACHE. This handy little book is available on the ABA website or at Book Publishing, ABA Publishing, American Bar Association, 321 N. Clark Street, Chicago, IL 60654, 312-988-5000.

If you are an attorney dealing with client matters regarding international HIPAA business associates, this book could help you. If you are a HIPAA business associate overseas, this book could help you. If you are a HIPAA covered entity, you may want to invite your in-house counsel or other attorney to take a look at this book.