Electronic Transactions and E-Signatures in Healthcare: HIPAA, Medicare, E-SIGN and UETA Compliance

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, August 7, 2019

Recorded event now available

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Program Materials

This CLE webinar will provide an overview on the law and regulations related to the use of e-signatures in the healthcare industry. The panel will examine legal and practical issues, including HIPAA and Medicare compliance, risk assessments that covered entities must balance in each transaction, and admissibility of electronic contracts and e-signatures in litigation. The panel will also discuss the implications of the Electronic Signatures in Global and National Commerce (ESIGN) Act, the Uniform Electronic Transactions Act (UETA), and UCC for parties contracting via electronic means.

Description

Digital healthcare is a fast expanding area for providing patient treatment, which includes a growing number of telemedicine providers. The use of electronic signatures has become more prevalent in the healthcare and non-healthcare space as the digital marketplace continues to expand. With the expanded use of electronic signatures, it is important to understand the complex and overlapping regulatory landscape required to use electronic signatures in the healthcare context.

The use of e-signatures is allowed under HIPAA, but users have systems in place to ensure the agreement or authorization is legal and secure so that private health information is not at risk. In addition, most healthcare providers will also need to comply with Medicare signature requirements. Basic compliance mistakes when using electronic signatures can expose healthcare providers to potential liability.

Listen as our authoritative panel of healthcare counsel examines recent legal trends and developments regarding e-signatures and electronic contracts in the healthcare industry. The panel will discuss legal and practical issues, including e-signature requirements under HIPAA, as well as Medicare signature requirements and its guidelines for using e-signatures. The panel will also discuss risk assessments that covered entities must balance in each transaction. The panel will examine the admissibility of electronic contracts and e-signatures in litigation and the implications of the ESIGN Act, UETA and UCC for parties contracting via electronic means.

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Outline

  1. E-signatures and electronic contracts in healthcare: trends and developments
  2. Legal considerations
    1. HIPAA requirements
    2. Medicare requirements
    3. ESIGN
    4. UETA
    5. FDA
  3. Risk assessments for covered entities
  4. Admissibility in litigation
  5. Provisions and practices to ensure validity of electronic contracts and e-signatures

Benefits

The panel will review these and other key issues:

  • What are the legal issues surrounding electronic contracts and e-signatures in the healthcare industry?
  • What is the interplay between HIPAA, Medicare, ESIGN, UETA and the UCC, and how does this impact electronic healthcare contracts?
  • What enforceability, authentication, and admissibility challenges do counsel face in litigation involving e-signatures and electronic contracts?

Faculty

Deixler, Heather
Heather B. Deixler

Atty
Latham & Watkins

Ms. Deixler counsels public and private companies operating in the healthcare and life sciences industries on...  |  Read More

Johnson, Jason
Jason E. Johnson

Partner
Moses & Singer

Mr. Johnson practices in the firm’s Healthcare, Privacy& Cybersecurity, and Intellectual Property Groups. He...  |  Read More

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