HIPAA Compliance for Business Associates

Overcoming Complex Challenges With Data De-Identification, Security Breaches, Indemnification and More

A live 90-minute CLE webinar with interactive Q&A


Wednesday, July 12, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide healthcare counsel with guidance on the HIPAA rule and its impact on business associate agreements (BAAs), as well as changes to privacy, security and breach notification requirements for covered entities. The panel will outline strategies to ensure compliance with the increased obligations.

Description

Business associates are directly accountable for complying with many of HIPAA’s regulations and BAAs are impacted by the HIPAA requirements. Business associate relationships should be reviewed to make sure that BAAs are in place where needed.

BAAs must address issues, including data de-identification, data aggregation, dealing with security breaches, training, and indemnification to ensure HIPAA compliance. Risks for noncompliance include fines for data breaches and violations (that can easily run into the millions), state AG lawsuits, and class actions suits.

Business associates and subcontractors wrestle with compliance and face potential liability for failing to comply with HIPAA requirements. Further, covered entities may be vicariously liable for business associates’ compliance failures. Therefore, it is imperative that business associates overcome the complex challenges of HIPAA’s requirements to ensure compliance.

Listen as our authoritative panel examines business associate compliance from the BAAs to privacy and security requirements. The panel will address advanced issues—including data de-identification, dealing with security breaches and contracting—facing business associates and their counsel and offer best practices for HIPAA compliance.

Outline

  1. Business associate agreements
    1. Ensuring HIPAA compliance in existing agreements
    2. Negotiating and drafting new agreements—indemnity, audit rights, transmission of PHI overseas and other contract challenges
    3. Dealing with subcontractors
  2. Privacy and security challengesc
    1. Data aggregation
    2. Data de-identification and limited data sets
    3. Breaches and breach notification
  3. Best practices for compliance
    1. OCR recent guidance on cloud services providers as business associates
    2. Lessons from recent HIPAA enforcement

Benefits

The panel will review these and other key issues:

  • What risks do business associates face when using electronic means to communicate with healthcare providers?
  • What issues must business associates and covered entities consider before entering into BAAs?
  • What steps should business associates and covered entities take to ensure compliance with the privacy and security requirements under HIPAA?

Faculty

Nathan A. Kottkamp
McGuireWoods, Richmond, Va.

Mr. Kottkamp concentrates in healthcare law, including Medicare, Medicaid, managed care, third-party reimbursement, federal and state regulatory compliance, fraud and abuse, self-referral prohibitions, privacy and confidentiality requirements, patient rights and clinical ethics, medical staff privileges, healthcare contracts, certificate of public need proposals, reproductive medicine and HIPAA.

Isaac M. Willett, Partner
Faegre Baker Daniels, Indianapolis

Mr. Willett counsels clients on developing regulatory strategies, including compliance with health care facility licensing laws, health care privacy laws, Medicare and Medicaid, the Stark Act and the Anti-Kickback Statute. He also represents clients in the structuring, negotiation and documentation of mergers, acquisitions, joint ventures and other business transactions. He advises clients on structural matters involving entity selection, reorganizations, acquisitions and dissolutions as well as assisting clients with business planning and the negotiation and drafting of various contracts, including employment agreements, independent contractor agreements and non-competition agreements.


Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
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Webinar

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Customer Reviews

The program included very informative information on an important subject.

Jamie L. Webb

Baker Manock & Jensen

I appreciated the speakers' insight and was pleasantly surprised how helpful I found the presentation.

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McAfee & Taft

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Sarah Cannon Research Institute

The speakers were well prepared and were able to explain the information in a clear and concise manner.

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Columbia University Clinical Trials Office

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Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Jennifer L. Evans

Shareholder

Polsinelli

Ryan S. Johnson

Shareholder

Fredrikson & Byron

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Proskauer Rose

John J. Miles

Senior Counsel

Baker Donelson

C. Elizabeth O'Keeffe

Counsel

Wyatt, Tarrant & Combs

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Buchanan Ingersoll & Rooney

Jesse A. Witten

Partner

Drinker Biddle & Reath

or call 1-800-926-7926

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