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Preparing for New Business Associate Obligations under the HIPAA Final Rule

Preparing for New Business Associate Obligations under the HIPAA Final Rule
Product Code - LGA147
Speaker(s): Reece Hirsch, CIPP, Morgan, Lewis & Bockius LLP
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In January, the Department of Health and Human Services published new regulations that dramatically extend the reach of the Health Insurance Portability and Accountability Act (HIPAA), the federal health care privacy and security law, to a vast array of companies that do business with the health care industry. If your organization receives medical information in the course of providing services to health plans, healthcare providers or even vendors to the healthcare industry, then the HIPAA Final Rule may impose significant new legal obligations and potential liability.

Companies affected by the HIPAA Final Rule must take steps to ensure compliance by September 23, 2013, including (1) implementation of a HIPAA security compliance program, (2) compliance with new business associate contracting requirements and (3) satisfaction of HIPAA privacy standards, including the "minimum necessary" rule. Business associates that are not compliant by September 23 may be subject to newly enhanced HIPAA penalties.

Educational Objectives:

• Learn how to develop and implement a HIPAA security compliance program.

• Understand new business associate agreement contracting requirements and how to effectively negotiate those agreements.

• Find out how to satisfy a business associate's privacy obligations under the HIPAA Final Rule.

• Learn how to minimize liability exposure for HIPAA violations committed by subcontractors receiving medical information.

Who would benefit most from attending the program?

Privacy officers; privacy attorneys; compliance and contracting personnel; all companies that provide services, directly or indirectly, to the healthcare industry.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Reece Hirsch, CIPP, Morgan, Lewis & Bockius LLP

Reece Hirsch, CIPP, Morgan, Lewis & Bockius LLP
Reece Hirsch is a partner in the San Francisco office of Morgan Lewis and specializes in privacy and security law. Mr. Hirsch has particular expertise with healthcare privacy, and he advises clients from every sector of the healthcare industry on compliance with HIPAA, the HITECH Act and state medical privacy laws. He also advises non-healthcare industry clients on a wide range of privacy and security issues, including security breach response, Internet privacy, compliance program development, and financial and insurance privacy regulation. Mr. Hirsch has served on advisory committees to the California Office of Privacy Protection on security breach notification and medical identity theft best practices and is a member of the editorial advisory boards of Bloomberg BNA's Health Law Reporter and Healthcare Informatics.

Mr. Hirsch earned a J.D. from the University of Southern California Law School and a B.S. from Northwestern University. He has been listed in Chambers USA: America's Leading Lawyers for Business and was selected as an "Outstanding Healthcare Information Technology Lawyer" by Nightingale's. He is a member of the American Health Lawyers Association; the Health Law Section of the American Bar Association; the California Society for Healthcare Attorneys; the Healthcare Financial Management Association; the International Association of Privacy Professionals; the Society of Professionals in Healthcare; and the Advisory Group of the California Office of Privacy Protection.

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 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 contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

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

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at