Tracking Health Information Using Online Technologies: New OCR Guidance, HIPAA Obligations for Regulated Entities
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide healthcare counsel on the use of tracking technologies by covered entities (CE) and business associates (BA). The panel will discuss the new U.S. Dept. of Health and Human Services Office for Civil Rights (OCR) guidance and the impact on how CEs and BAs use tracking technologies. The panel will offer best practices for healthcare entities in light of the guidance and to ensure HIPAA compliance.
Outline
- New OCR guidance
- Tracking technologies
- Usage considering regulatory activity
- Usage in light of litigation against CEs and BAs
- Best practices for complying with new guidance
Benefits
The panel will review these and other high risk issues:
- How does the OCR guidance define tracking technologies and when are they permitted and not permitted?
- What constitutes PHI for tracking purposes?
- What steps should CEs and BAs take to ensure HIPAA compliance?
Faculty
Ryan P. Blaney
Partner; Head of Global Privacy & Cybersecurity Group
Proskauer Rose
Mr. Blaney’s practice focuses on regulatory compliance, enforcement, litigation and transactions in the areas of... | Read More
Mr. Blaney’s practice focuses on regulatory compliance, enforcement, litigation and transactions in the areas of data privacy, cybersecurity, healthcare, and emerging technologies. He advises private equity, asset managers, healthcare, life sciences, retail and technology clients on privacy and cybersecurity compliance, cybersecurity incidents and government investigations, including acting as lead counsel in defending clients in regulatory investigations by HHS-OCR, DOJ, FTC, FCC and State Attorneys General. Mr. Blaney counsels clients on federal, state, and international privacy and security laws including California Consumer Privacy Act, EU GDPR, and HIPAA, among others. He has expertise counseling clients on emerging artificial intelligence, digital health, healthcare fraud and abuse, third-party reimbursement and FDA regulatory matters. He also has substantial experience in defending healthcare clients in False Claims Act qui tam matters and has obtained several declinations and dismissals
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Cory Brennan
Attorney
Taft Stettinius & Hollister
Ms. Brennan focuses her practice on matters relating to intellectual property, information technology, software... | Read More
Ms. Brennan focuses her practice on matters relating to intellectual property, information technology, software licensing and procurement, advertising technologies and digital marketing solutions, data privacy and security, and data breach and incident response. She advises clients on a variety of data governance regulations, including GDPR, HIPAA, and state laws governing personally identifiable information, such as CCPA. She also counsels clients on compliance with various information security standards, including HIPAA/HITECH, NIST, and ISO, and represents clients in responding to information security incidents.
Prior to joining Taft, Ms. Brennan was an associate at the largest health care-focused law firm in the country and focused her practice on information privacy and security as well as emerging technologies in health care, such as telemedicine, medical apps, and artificial intelligence. She holds the Certified Information Systems Security Professional (CISSP) certification and has presented and written extensively on the topics of cybersecurity and third-party risk management.
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Mark J. Swearingen
Attorney
Hall Render Killian Heath & Lyman
Mr. Swearingen has practiced in the area of health information privacy and security for over 20 years, with particular... | Read More
Mr. Swearingen has practiced in the area of health information privacy and security for over 20 years, with particular focus on HIPAA compliance, data breach response, government investigations, HIPAA audits and 42 C.F.R. Part 2. Since the HIPAA Breach Notification Rule was issued in 2009, he has handled a substantial number of healthcare data breaches, including cases involving ransomware, email phishing, lost/stolen devices, insider threats and medical devices. Mr. Swearingen regularly guides clients through government investigations of privacy and security incidents and has successfully negotiated resolutions and settlements with both federal and state agencies. He also advises clients on issues relating to emerging technologies, such as telemedicine, medical apps and artificial intelligence. He has worked with a broad spectrum of organizations, including health systems, hospitals, physician practices, health plans, governments, technology companies and business associates. Mr. Swearingen speaks and writes frequently, both regionally and nationally, on healthcare privacy and security matters.
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