HIPAA violations can take place during even the most simple encounter, from sending out an appointment reminder postcard to misdialing a fax number. While it’s possible to handle potential breaches and other issues by yourself, you may have experiences where you need a HIPAA lawyer.

Check out three possible signs that you may have to call a HIPAA lawyer, along with tips on how to find one.

1. You’re Drafting a Business Associate Agreement

Every third-party vendor that handles your practice’s PHI should sign a business associate agreement (BAA). This includes IT providers, billing firms, EHR vendors, offsite labs, shredding consultants and more. You can’t expect to draft these compliantly without legal training, and that means a HIPAA lawyer may be necessary to help you create a legally-binding BAA that protects your practice from violation accusations.

Attorneys will confirm that the BAAs meet local, state and federal standards. They can also customize the terms to reflect your practice’s specific risks and needs depending on your specialty, location, patient base and other factors. Having a HIPAA attorney involved in the process will protect you from liability if a business associate commits a breach.

2. An OCR Auditor Is Reviewing Your Practice

If an auditor from the HHS Office of Civil Rights (OCR) investigates or audits your practice, it’s a good time to get a HIPAA lawyer on the phone. They can help provide guidance on how you can get your paperwork in order for the audit, respond to requests via mail or in-person, and develop a response strategy if violations are discovered.

3. You’ve Experienced a Data Breach

If a data breach occurs at your practice, you absolutely need a HIPAA lawyer on hand to help you through it. You’ll need to follow strict notification protocols to alert affected patients and the public, and there are ways that you should and shouldn’t handle that.

A HIPAA lawyer can help you determine whether an incident actually qualifies as a breach, and can help you navigate any reporting deadlines. They’ll help you limit your legal liability in the face of a breach while also ensuring you remain compliant with your responsibilities.

How You Can Find a HIPAA Lawyer

Not every lawyer has experience and knowledge about the HIPAA laws, so follow these tips to find the best one for you:

• Ask whether they’ve worked with healthcare providers on HIPAA compliance before
• Find out if they handle breach responses
• Inquire about whether they can help with OCR audits and investigations
• Ask about their experience with BAAs
• Check their credentials and ensure they’re members of healthcare or privacy law organizations, such as the American Health Law Association
• Request references and call those references to find out about others’ experiences with the lawyer
• Ensure they’ll tailor their work to your needs, rather than creating a one-size-fits-all plan