1st Talk Compliance features attorneys Sean McKenna, Lauren Nelson, and Vincent Aiello of Spencer Fane LLP, on the topic of Healthcare Assets: How to Preserve and Protect. We will discuss the interplay between enforcement and liability proceedings with asset protection, explore how government and private litigation matters can impact healthcare companies, clinicians, and executives, and provide tips and preventative strategies to preserve income and assets prior to such action to ensure business continuity and succession planning.
A Harassment-Free Workplace vs the Right to Engage in Concerted Activity
1st Talk Compliance features guest Lauren Moak Russell, Counsel at Young Conaway Stargatt & Taylor, LLP in Wilmington, Delaware, on the topic of “A Harassment-Free Workplace vs the Right to Engage in Concerted Activity.” Lauren joins our host Catherine Short to discuss how the National Labor Relations Board under the Biden Administration has expressed a renewed interest in expanding its influence into non-unionized work forces. This includes reviewing and–in the right circumstances challenging–employers’ use of workplace civility, confidentiality, and anti-harassment policies. Listen as we discuss what you need to know to safely navigate the National Labor Relations Act while ensuring that your employees enjoy a safe and respectful work environment.
A Practical Approach to The Safe Harbor Law
1st Talk Compliance features guest Raymond Ribble, CEO and Founder at SPHER, Inc., on the topic of A Practical Approach to The Safe Harbor Law. Ray joins our host Catherine Short to discuss how HIPAA data breach penalties typically get measured in millions of dollars, even following an organization implementing NIST cybersecurity framework measures. However, with the new HIPAA Safe Harbor Law, signed in January 2021, HHS and OCR may consider some penalty mitigation. It is important to understand that the Safe Harbor Law, while offering substantial protection, does not provide a true safe harbor and only offers some protection. This episode will examine what the established security practices for healthcare are, and how to pivot your organization’s security profile to mitigate breach penalties if an event occurs.
The Safe Harbor Law: A Practical Approach – Audio Version of the Webinar
Raymond Ribble is the CEO and Founder at SPHER, Inc. HIPAA data breach penalties typically get measured in millions of dollars even following an organization implementing NIST cybersecurity framework measures. It is important to understand that the Safe Harbor Law, while offering substantial protection, does not provide a true safe harbor. Our presentation will examine what are the established security practices for healthcare, and how to pivot your organization’s security profile in order to mitigate breach penalties in the event of an event.
The Risk of Data Sharing
1st Talk Compliance features guest Iliana L. Peters, Shareholder at Polsinelli PC, on the topic of The Risk of Data Sharing. Iliana joins our host Catherine Short to discuss how these days, health data is an incredibly valuable commodity. Companies of all types should consider the legal risk with data valuation, data ownership, and data sharing agreements. In this episode, we will be discussing the scope and breadth of data sharing projects in development in the health care sector, examine contractual, state, federal, and international legal obligations for data privacy and security for such projects, and discuss issues related to data ownership that may also be part of such projects.
Health Data, A Value Proposition: Legal Risks with Innovative Data Sharing Projects – Audio Version of the Webinar
Iliana L. Peters, Shareholder at Polsinelli PC will be leading this engaging audio version of her webinar presentation. These days, data is more valuable than oil. And health data is the most valuable of all data! Companies of all types should consider the legal risk with data valuation, data ownership, and data sharing agreements. Data sharing projects take many forms and address many important issues, including improvements in patient safety, fraud and abuse, population health, research, and costs to the health care system. That said, the contractual, state, federal, and international regulatory requirements applicable to such data sharing projects are significant. As such, health care entities may be particularly vulnerable to legal risk related to data sharing projects involving health data. Specifically, health care entities should consider contractual obligation, HIPAA, state privacy laws, and other requirements, as well as discuss risk assessment, data sharing agreements, key provisions, and business associate relationships. The presentation offers best practices for these important issues and projects.
A Business Associate Agreement? Tell Me More!
1st Talk Compliance features guest Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX, on the topic of “A Business Associate Agreement? Tell Me More!” Rachel joins our host Catherine Short to discuss how Business Associate Agreements (BAA) are not new; however, some individuals are new to healthcare and others never understood what a BAA is exactly. A BAA is a contract that fundamentally gives assurances that the parties are complying with the Security Rule and Privacy Rule, setting parameters in the event of a reportable security incident or a breach, and states how the sensitive data will be returned and destroyed at the end of the relationship. This presentation not only seeks to dispel myths about why certain language is prevalent in nearly all BAAs, but also provides insight into other provisions, and items for consideration, in light of the 21st Century Cures Act.
Have a Breach? Reporting Requirements with the OCR
1st Talk Compliance features guest Trey Scott, Coordinating Attorney at Kennedy, Attorneys & Counselors at Law, on the topic of “Have a Breach? Reporting Requirements with the OCR.”Trey joins our host, Catherine Short to discuss the reporting requirements for a data breach of a healthcare provider, the definition of a breach, different timelines for reporting breaches, as well as how to complete a breach reporting form from the Office of Civil Rights.
Content of a BAA Q & A
Rachel V. Rose, JD, MBA, principal with Rachel V. Rose, answers some common questions and provides explanations of a few timely topics related to the education surrounding business associate agreements.
DMEPOS – CMS Compliance and Requirements Updates: Audio Version of the Webinar
Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX presents this very timely subject for us. Durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) includes an “entity or individual, including a physician or a Part A provider, which sells or rents Part B covered items to Medicare beneficiaries.” There are special payment rules associated with DMEPOS. DMEPOS products have to meet quality standards, DMEPOS suppliers need to be accepted by Medicare to participate (similar to providers), and are subject to fraud, waste, and abuse laws. The purpose of this webinar to provide an overview of participation and quality requirements, relay the latest compliance and requirements updates, and address False Claims Act cases involving DMEPOS companies.
