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Data Aggregation and Secondary Uses: Technical, Legal and Financial Considerations

Data Aggregation and Secondary Uses: Technical, Legal and Financial Considerations
Product Code - LGN260
Speaker(s): Robert Belfort, Manatt, Phelps & Phillips, LLP; Deven McGraw, Manatt, Phelps & Phillips, LLP
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The volume and velocity of growth of the amount of healthcare information in existence today are unprecedented. With the advent of digital diagnostic tools, electronic health records (EHRs) and Health Information Exchange (HIE), we are seeing electronic health data expand exponentially. At the same time, there are new opportunities to apply electronic health information in a host of areas beyond direct patient care.

This program will trace the evolution of secondary uses of health information across a range of new applications, including supporting large-scale research efforts; improving population health; enhancing disease management programs; and developing health care analytics that strengthen business intelligence, identify trends and predict future patient needs. The faculty will delve into the technical considerations providers must take into account when developing secondary use capabilities. They will compare technical architecture models, including both centralized and distributed approaches. In addition, they will examine the full range of data sources, types and standards and discuss current obstacles and opportunities.

The program will provide a detailed analysis of the legal considerations around the re-use of health information and an in-depth review of how HIPAA regulates the primary areas of secondary use, including care management and quality improvement, research, public interest programs, data commercialization, use of limited data sets and utilization of de-identified health information. These issues all have privacy and data security ramifications. Also explored will be how other key federal and state confidentiality laws govern secondary use.

Finally, the speakers will address key financial considerations, providing insights into overcoming the challenges around technology requirements, data access, talent acquisition and behavioral changes. Besides discussing internal goals for increasing cost and operational efficiencies, they will look at the two strongest external drivers of large scale IT and data aggregation projects:  meaningful use and health care reform.

Educational Objectives:

• Understand the emergence of secondary use and big data in health care, examining its increasing value for purposes beyond patient care including enhancing the patient experience, expanding disease and treatment knowledge, strengthening health care system effectiveness and efficiency, and supporting public health and security goals.

• Learn how health information is being used through a variety of health IT tools to support large-scale research efforts, population health, disease management, and data analytics at the provider level.

• Explore the range of technology options for implementing secondary use capabilities, with insights into different technical architectures and varying data sources, types and standards.

• Hear an in-depth legal analysis of the regulations governing the use and disclosure of personal health information for secondary purposes, including HIPAA, substance abuse confidentiality rules and other relevant state and federal laws.

• Discover the financial and structural issues around executing secondary use and “big data” capabilities, including both technical and non-technical challenges.

• Find out how both meaningful use and the ACA are impacting the adoption of secondary use for quality improvement, cost savings and other benefits.

Who would benefit most from attending this program?

The exploding growth in big data and secondary uses to improve care quality and efficiency ultimately will impact all health care stakeholders. Executives and counsel for provider, payer and life sciences companies as well as foundations and associations focused on advancing care outcomes, patient satisfaction and organizational efficiencies will benefit from attending.

Program Level: Intermediate
Prerequisite: A general understanding of current health care issues.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)

For additional information, please see the “CE Credit” tab.

Robert Belfort, Manatt, Phelps & Phillips, LLP; Deven McGraw, Manatt, Phelps & Phillips, LLP

Robert Belfort, Manatt, Phelps & Phillips, LLP
Robert Belfort is a partner in the health care practice of Manatt, Phelps & Phillips, LLP and has more than 20 years of experience representing health care organizations on regulatory compliance and transactional matters. Mr. Belfort has extensive experience advising a wide variety of health care clients, including hospitals, medical groups, health insurers, managed care organizations, accountable care organizations, mental health providers, pharmacy chains, information technology vendors, and health care industry trade associations.

Mr. Belfort focuses his practice on managed care and accountable care, counseling health insurers and other managed care organizations on compliance with Affordable Care Act standards, Medicaid managed care requirements, Medicare Part C and Part D rules, HIPAA portability and nondiscrimination mandates, and state insurance licensing and market conduct laws; HIPAA/Privacy, assisting clients in managing health information within the parameters established by HIPAA and state confidentiality laws; and fraud and abuse, advising clients on structuring transactions and conducting day-to-day business operations to ensure compliance with the Anti‐Kickback Statute, the Stark law, Medicare and Medicaid participation and billing requirements, professional licensing rules, and corporate practice of medicine and fee‐splitting restrictions.

Mr. Belfort earned a J.D. from New York University School of Law, where he was a member of the Order of the Coif, and a B.A., magna cum laude, from Oberlin College, where he was inducted into Phi Beta Kappa. He is admitted to practice in New York.

Deven McGraw, Manatt, Phelps & Phillips, LLP
Deven McGraw is a partner in the health care practice of Manatt, Phelps & Phillips, LLP. She provides legal, regulatory and strategic policy and business counsel to health care providers, payers and other health care organizations with respect to the adoption and implementation of health IT and electronic health information exchange. Her areas of focus include HIPAA/privacy advice and compliance, data security, data governance, research and health data analytics, health IT policy, and patient engagement.

Previously, Ms. McGraw was the Director of the Health Privacy Project at the Center for Democracy & Technology (CDT). In this role she led efforts to develop and promote workable privacy and security protections for electronic personal health information. Ms. McGraw’s background includes service on a number of committees established by the U.S. Department of Health and Human Services (HHS) and other workgroups to provide guidance on a wide array of health IT, privacy and security policy and business issues. She was one of three persons appointed by former HHS Secretary Kathleen Sebelius to serve on the Health Information Technology (HIT) Policy Committee, a federal advisory committee established in the American Recovery and Reinvestment Act of 2009. As a part of this committee, she serves on the Meaningful Use workgroup, chairs the Privacy and Security
Tiger Team and is co-chair of the Information Exchange workgroup.

Ms. McGraw earned an L.L.M. from Georgetown University Law Center; a J.D., magna cum laude, also from Georgetown University Law Center, where she served as Executive Editor for the Georgetown Law Journal; an M.P.H. in Public Health and Health Care Finance from Johns Hopkins School of Hygiene and Public Health; and B.S. and B.A. degrees, magna cum laude, from the University of Maryland—College Park. She is admitted to practice in the District of Columbia and the Commonwealth of Massachusetts. 

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana, Delaware and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version.  Please allow up to four to eight weeks for CLE processing. Contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to