effective compliance program

FTC and Poaching of PHI

The Increasing Role of the FTC in the Poaching of PHI – A Discussion of Better Help, GoodRx & Flo: Audio Version of the Webinar

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX will be presenting this informative webinar. Cybersecurity risk management and the potential for enforcement actions is not diminishing. An area of increasing interest by the Federal Trade Commission, the United States Department of Justice, and Congress is third parties taking sensitive data (especially by social media and search engine giants), including protected health information, without obtaining affirmative patient/consumer consent and benefiting financially. The U. S. Department of Health and Human Services, the agency tasked with enforcing HIPAA, also plays a critical role. The purpose of this presentation is to address different federal government initiatives, recent enforcement actions and incidents, and risk mitigation.

Health Data

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.

Protecting Assets

Preserving and Protecting Assets In Healthcare: Audio Version of the Webinar

Expert attorneys Sean McKenna, Lauren Nelson, and Vincent Aiello of Spencer Fane LLP will present this dynamic webinar. They 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.

ADC Webinar

Automatic Dispensing Cabinets, Patient Care, and Nurse RaDonda Vaught: 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 and fascinating subject for us. A former nurse was charged, criminally prosecuted, and in March 2022, convicted of gross neglect of an impaired adult and negligent homicide for a 2017 fatal drug error. The purpose is to inform participants of a myriad of items so that facilities can evaluate and implement appropriate safeguards, train nurses and other staff, and take corrective actions before an adverse patient outcome occurs. What happened here is preventable and nurses should not flee the profession, especially because of the compassion shown by the judge.

How New Legislation Impacts Privacy

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 “How New Legislation Impacts Privacy.” The Dobbs Opinion repealed fifty years of precedent under Roe. The implications of the Opinion extend beyond women’s reproductive rights and impact the privacy rights of all Americans. The purpose of this episode is to explain the key aspects of the Dobbs Opinion related to privacy from both the Majority and the Dissent’s perspective, address the current legislative initiatives, HHS Guidance, and Executive Orders, as well as appreciate the role HIPAA plays in navigating Dobbs.

The Insecurity of Everything: The Vital Importance of Hardware Data Security

1st Talk Compliance features guest John Shegerian, Chairman and CEO of ERI, the largest cybersecurity-focused hardware destruction and electronic waste recycling company in the United States and co-author of the cybersecurity book, “The Insecurity of Everything” on the topic of “The Insecurity of Everything: The Vital Importance of Hardware Data Security.” He will share some of the latest information about the very real problem of hardware hacking in the world of healthcare and beyond and how that issue became even more serious during the pandemic, with so many people working from home. He will also be explaining critical information for health-related businesses to help them keep their private data – and the data of their patients and customers – protected! 

Combatting Ransomware in Healthcare

1st Talk Compliance features guest William J McBorrough, co-Founder and Chief Security Advisor at MCGlobalTech, a D.C.-based Information Security Consulting Firm on the topic of “Combatting Ransomware in Healthcare.” William joins our host, Catherine Short to examine how ransomware attacks have impacted thousands of organizations worldwide with the healthcare sector having been the most targeted. Join us in a discussion of the state of ransomware in the healthcare sector and best practices to prepare your organization from the inevitable attacks.

How to Handle Document Retention & Destruction

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 “HIPAA and Beyond: Documentation Retention & Legal Holds.” This episode addresses laws that are relevant to healthcare industry participants, as well as compliance suggestions, and steps to take when either a legal hold or a preservation request arrives.