Complying With HIPAA, Privacy Laws, and Exceptions During a Public Health Crisis
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide healthcare counsel on navigating HIPAA and other privacy laws in relation to public health. The panel will discuss the preemption of state public health laws and exceptions to HIPAA and other privacy laws, as well as the implications of the interoperability and information blocking rule. The panel will offer steps that healthcare providers should take to help ensure compliance with both privacy requirements and public health requirements.
- HIPAA privacy in the pandemic
- Impact of other state and federal privacy laws
- Circumstances where disclosure of health information may be permitted or required
- Best practices for disclosure in the public health context
The panel will review these and other key issues:
- What are the considerations for healthcare providers when determining whether to disclose protected health information during a public health crisis?
- What are the privacy rule exceptions that permit covered entities to disclose protected health information without obtaining patient authorization?
- What steps should counsel take to ensure strict requirements are met to disclose protected health information to a patient's employer?
Jo-Ellyn Sakowitz Klein, CIPP/US
Akin Gump Strauss Hauer & Feld
Ms. Klein is a leading practitioner on privacy and data protection matters, with a special emphasis on the health and... | Read More
Ms. Klein is a leading practitioner on privacy and data protection matters, with a special emphasis on the health and life sciences sectors. She has been recognized by The Legal 500 US in the cyber law (including privacy and data protection) category from 2019 through 2022. She has focused on privacy and data protection law for more than 20 years. Ms. Klein assists clients with issues arising under state and federal privacy, security and data breach notification laws and regulations. These include the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), Section 5 of the Federal Trade Commission (FTC) Act, the FTC Health Breach Notification Rule (HBNR) and myriad state privacy, security and breach notification laws, including the California Consumer Privacy Act (CCPA) and California Confidentiality of Medical Information Act (CMIA). Ms. Klein has examined privacy and data protection issues arising in a broad array of settings, ranging from hospitals to professional sports, including medical device and pharmaceutical companies, developers of health-related apps, and leading-edge technology companies.Close
Carolyn V. Metnick
McDermott Will & Emery
Ms. Metnick concentrates her practice on transactional and business issues affecting healthcare providers. She... | Read More
Ms. Metnick concentrates her practice on transactional and business issues affecting healthcare providers. She routinely guides her healthcare clients through various transactions including joint ventures, M&As and reorganizations. Ms. Metnick counsels her clients on governance matters, regulatory issues, and federal fraud and abuse laws. She also counsels her clients on HIPAA compliance, healthcare technology (mData), and disputes and litigation with an emphasis in contract law, covenants not to compete, and business torts.Close
Alaap B. Shah
Epstein Becker & Green
Mr. Shah advises clients on privacy, cybersecurity, and data protection laws and regulations, as well as healthcare... | Read More
Mr. Shah advises clients on privacy, cybersecurity, and data protection laws and regulations, as well as healthcare fraud and abuse matters and government investigations relating to health information technology. He counsels clients on digital health and data asset management strategies and related compliance issues. Mr. Shah’s work focuses on defense and counseling of healthcare entities on legal and regulatory compliance issues around privacy, cybersecurity, and data asset management. He has extensive experience with legal issues related to health information technology, big data analytics, and digital health strategies. He provides compliance counseling, establishes and evaluates compliance programs, conducts privacy and security risk assessments, establishes compliant contracting strategies to build trust networks, and responds to data breaches. Mr. Shah is a Certified CSF Practitioner, a designation given by the Health Information Trust Alliance, an organization that provides training to develop and maintain effective security programs for healthcare and life sciences companies that comply with security laws, regulations, and standards, including HITECH, HIPAA, PCI, JCAHO, CMS, ISO, NIST, and various other federal, state, and business requirements. He is also recognized by the Healthcare Information and Management Systems Society as a Certified Professional in Healthcare Information and Management Systems (CPHIMS). Mr. Shah is also recognized by the International Association of Privacy Professionals as a Certified Information Privacy Professional in the United States.Close