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Recent Modifications to the HIPAA Administrative Simplification Regulations: Essential Take-Aways


Product Code - LGA114
Speaker(s): Bernadette M. Broccolo, McDermott Will & Emery LLP; Daniel F. Gottlieb, McDermott Will & Emery LLP; Susan M. Nash, McDermott Will & Emery LLP
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This program will provide an overview and analysis of the U.S. Department of Health and Human Services’ issuance of final amendments to the Health Insurance Portability and Accountability Act’s (HIPAA’s) privacy, security and enforcement standards and the breach notification standards under the Health Information Technology for Economic and Clinical Health (HITECH) Act.

The faculty will discuss new and amended requirements of the following components of the HIPAA and HITECH standards:

• Requirements for business associates and their subcontractors
• Response to a potential security breach
• Restrictions on the use and disclosure of protected health information for marketing and fundraising
• Limitations on the sale of protected health information
• Research and other secondary uses
• Penalties, vicarious liability and enforcement

Educational Objectives:

• Understand how the revised regulations will affect your HIPAA compliance policies
• Learn how protected health information may be used and disclosed for marketing purposes
• Learn how protected health information may be used for fundraising purposes
• Gain practical tips for preparing an authorization for research and secondary uses of data
• Understand the steps for limiting a covered entity’s liability for acts and omissions of business associates and subcontractors
• Find out practical tips for employer sponsors of group health plans

Who would benefit from attending?

Legal counsel; compliance professionals; privacy and security officers; chief information officers; informaticists and others with responsibilities for HIPAA-covered entities, their business associates and other businesses that handle health information about patients; health plan members; employees and other individuals.

Program Level: Intermediate

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

Bernadette M. Broccolo, McDermott Will & Emery LLP; Daniel F. Gottlieb, McDermott Will & Emery LLP; Susan M. Nash, McDermott Will & Emery LLP

Bernadette M. Broccolo, McDermott Will & Emery LLP
Bernadette Broccolo is a partner in the Chicago office of McDermott Will & Emery LLP and has been counseling health industry organizations for more than 30 years on leading edge health industry relationship formation and realignments, health information technology acquisitions, electronic health information networks, robust and innovative electronic data and tissue repositories to support translational research and personalized medicine, conflict of interest compliance, comprehensive programs for human subject research, and overall corporate compliance programs.

Ms. Broccolo currently serves as co-chair of the Legal Task Force formed by the State of Illinois Office of Health Information Technology to develop recommendations for changes to state health information laws to facilitate the develop of the state’s health information exchange network. She is a frequent speaker and author on topics in her areas of practice and has served in numerous leadership positions for organizations serving the health industry and the legal profession. Ms. Broccolo has been selected by her peers to be included in The Best Lawyers in America for her expertise in health care law for the past 20 years and was named Best Lawyers’ Chicago Health Care Lawyer of the Year for 2010. She is also listed as a leading individual in health care in Chambers USA: America’s Leading Lawyers for Business, as an Illinois Super Lawyer and as one of the top women business lawyers in Illinois in Leading Lawyers Network.

Ms. Broccolo earned a J.D. from the University of Notre Dame Law School and a B.S. from Boston College.

Daniel F. Gottlieb, McDermott Will & Emery LLP
Daniel Gottlieb is a partner with McDermott Will & Emery LLP and is based in the firm’s Chicago office. He represents a wide range of health care industry clients, including health care providers, health information technology vendors, pharmaceutical companies, medical device companies, and health plans. He has extensive experience in advising clients on compliance with federal and state health care laws as well as representing health care industry clients in mergers, acquisitions, joint ventures, and other transactions.

Mr. Gottlieb has significant experience counseling clients on compliance with Medicare and Medicaid reimbursement and fraud and abuse laws, PhRMA’s Code on Interactions with Health Care Professionals, Advamed’s Code of Ethics on Interactions with Health Care Professionals and other industry guidelines. He assists health care providers and life sciences companies with compliance audits, government program overpayment and refund matters, the development of compliance policies and procedures and structuring transactions with referring physicians. Mr. Gottlieb advises pharmaceutical, medical technology and other life sciences companies regarding intellectual property royalty, consulting, advisory board, research and other financial relationships with physicians and others in a position to order or purchase their products. He regularly presents and authors publications for industry groups on these topics. Mr. Gottlieb authored the outpatient rehabilitation chapter of A Guide to Complying with Stark Physician Self-Referral Rules and an article in the August 10, 2010 issue of Advance for Imaging and Radiation Oncology regarding the future of the Stark Law’s in-office ancillary services exception for radiation therapy providers. He also wrote an article published in the July 2010 issue of Health Care Informatics regarding the donation of electronic health record items and services to referring physicians.

Mr. Gottlieb is a leader of his firm's privacy and data protection practice. He regularly advises health care industry clients regarding compliance with HIPAA and other federal and state health information privacy laws; creation of health information exchanges and electronic data repositories; data license agreements and commercialization of data collected from health care providers; health information technology acquisitions; and other strategic health information and health information technology transactions. He speaks and writes extensively about privacy and health information technology issues, including recent presentations to the American Bar Association’s Health Law Section and the Illinois Chapter of the Medical Group Management Association. He has been recognized by Legal 500 as a leader in his field.

Mr. Gottlieb earned a J.D., cum laude, from Northwestern University School of Law, where he earned Order of the Coif and was an associate note and comment editor of the Northwestern University Law Review, and a B.A. from the University of Michigan.

Susan M. Nash, McDermott Will & Emery LLP
Susan Nash is a partner with McDermott Will & Emery LLP and is based in the firm’s Chicago office. She is chair of the firm’s health and welfare plan affinity group. She focuses her practice primarily in the area of health and welfare benefit plans, including compliance with COBRA, HIPAA, ERISA, the Affordable Care Act, the Internal Revenue Code, and other federal laws affecting group health plans.

Ms. Nash has represented a wide variety of clients in negotiations with the Internal Revenue Service, the Department of Labor, the Department of Health and Human Services and in contracting with third-party vendors for welfare plans. She also has extensive experience working with employers, vendors and health plans to design and implement a variety of health and welfare plans, with a focus on medical, prescription drug, wellness programs, on-site clinics, disability, mental health benefits, cafeteria plans, and consumer-directed health plans, such as health reimbursement arrangements and health savings accounts. She has counseled a wide variety of group health plans on compliance with HIPAA's privacy, security, portability and nondiscrimination requirements.

Ms. Nash was recognized by Chambers USA as a leader in employee benefits and compensation law. She is also a member of the Tax Section of the American Bar Association and the WEB Network of Employee Benefits Professionals. She earned a J.D. from Northwestern University School of Law and a B.A., cum laude, from Georgetown University.

This program is CLE-credit eligible.

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 Legal and Business 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 Lindsey Pace, CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.