HIPAA Privacy and Security Mandates and New Breach Notification Guidance
Preparing for Tougher Enforcement and Increased Penalties
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, November 18, 2009
Recorded event now available
This seminar will review the key changes that the American Recovery and Investment Act of 2009 made to HIPAA privacy and security rules, explain the recently issued breach notification guidance, and provide compliance best practices for providers and their business associates.
Description
The American Recovery and Investment Act of 2009 dramatically expanded the scope of the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules. The Act requires operational changes for all healthcare providers, health plans and their business associates.
In August, the Department of Health and Human Services issued an interim final rule that clarifies the breach reporting obligations for covered entities and their business associates. The rule provides more guidance on the meaning of secured and unsecured protected health information.
The HIPAA changes increase penalties for various violations and significantly expand the other remedial actions available for HIPAA noncompliance. To ensure compliance, healthcare providers should update their HIPAA policies, audit their privacy and security practices and train their staff.
Listen as our panel of health law attorneys reviews the new changes to HIPAA privacy and security rules and their implications and provides best practices for compliance.
Outline
- Key changes made to HIPAA
- Business associates now covered
- Minimum necessary
- Changes to accounting of disclosures
- Restrictions on sales of EHRs or PHI
- Marketing and fundraising
- Business associate contracts
- Enforcement (including state attorney general and expanded penalties)
- Security breach notification provisions
- Definition of Breach
- Unsecured v. Secured PHI
- Notification to individuals
- Notification to the media
- Notification to HHS
- Notification by Business Associates
- Best practices for covered entities and business associates
Benefits
The panel will review these and other key questions:
- How does the American Recovery and Reinvestment Act of 2009 expand HIPAA's privacy and security safeguards?
- How does the breach notification requirement of the new Act compare to most states' breach notification laws?
- What authority do state attorneys general now have to enforce HIPAA provisions?
- What rights do individuals now have with respect to protected health information?
Faculty
Stephen W. Bernstein,
Partner
McDermott Will & Emery, Boston
He chairs the firm's HIPAA Practice Group. He specializes in e-health, deployment of electronic health record systems, health related matters impacted by the Internet, and HIPAA, as well as mergers, acquisitions, affiliations and joint ventures in the hospital and physician areas.
Gina M. Kastel,
Partner
Faegre & Benson, Minneapolis
She has a broad range of health law experience, including advising healthcare providers regarding information privacy issues and compliance with HIPAA.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Customer Reviews
I liked the topic and the tools provided in the handouts.
Mildred Johnson
Texas Tech University Health Sciences Center
The seminar provided good practical examples and advice plus good Q&A.
Don Weinbren
Trenam Kemker
The program included very informative information on an important subject.
Jamie L. Webb
Baker Manock & Jensen PC
The webinar was clearly presented and organized. It was a good mixture of the law and practice.
David N. Crapo
Gibbons P.C.
I liked the combined depth of information and speed of presentation. Well done!
Andre Dalbec
SAANYS
Health Law Advisory Board
Partner
Arent Fox
Partner
Faegre Baker Daniels
Member
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Partner
Rivkin Radler
Principal
Ober Kaler
Partner
Garfunkel Wild & Travis
Partner
McDermott Will & Emery
Donald H. Romano
Of Counsel
Foley & Lardner
Partner
Foley & Lardner
Shareholder
Cozen O’Connor
Partner
Drinker Biddle & Reath
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