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.

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 The Dobbs Opinion repealed fifty years of precedent under Roe.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.

Recent Developments in Health Information Privacy: HIPAA Right of Access

Catherine Short speaks with Sheba Vine, Attorney and Senior Manager in the Global Privacy Office at Exact Sciences Corporation, on the topic of “Recent Developments in Health Information Privacy: HIPAA Right of Access.” We will review recent developments including OCR Enforcement Highlights, HIPAA Right of Access & Ciox Health Decision, NPRM, and 21st Century Cures Act Information Blocking Regulation.

HIPAA Celebrates 25 Years – A Synopsis of the Law’s Evolution

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX presents this timely webinar. It’s hard to believe that it’s been 25 years since HIPAA was signed into law on August 21, 1996! Over the past two and a half decades, there have been a multitude of changes in the healthcare industry and technology. The three items that remain constant are preserving the confidentiality, integrity, and availability of a patient’s protected health information.

Happy Birthday HIPAA!! 25 Years of Growing and Changing!

Catherine Short speaks with Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX, on the topic of “HIPAA Celebrates 25 Years – A Synopsis of the Law’s Evolution.” It’s hard to believe that it’s been 25 years since HIPAA was signed into law on August 21, 1996! Over the past two and a half decades, there have been a multitude of changes in the healthcare industry and technology. The three items that remain constant are preserving the confidentiality, integrity, and availability of a patient’s protected health information.

The New AKS and Stark Laws Final Rules – Key Take-Aways

Catherine Short converses with Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX, on the topic of “The New AKS and Stark Laws Final Rules – Key Take-Aways.” On November 20, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Final Rule related to the Medicare Physician Self-Referral Law (Stark Law). Nearly simultaneously, the Office of the Inspector General, Department of Health and Human Services (HHS-OIG), released a Final Rule, which amends various safe harbors to the Federal Anti-Kickback Statute (AKS). The changes appear to be based, in large part, on value-based healthcare delivery and payment systems. On this episode, we will highlight the key changes, along with the similarities and differences in the language between the two Final Rules, examine the new AKS safe harbors and Stark Law exceptions, compare and contrast critical items found in both Final Rules, and appreciate the risks of non-compliance.

HIPAA in the time of COVID-19: Recent updates and enforcement actions

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX presents. Throughout the pandemic, HHS-OCR has announced the use of its enforcement discretion when bringing forth HIPAA-related enforcement actions. This trend appears to be continuing as the vaccine roles out. Additionally, proposed changes to the Privacy Rule were released in December 2020 and OCR continues to enforce violations against providers for not providing a patient with his/her medical records. This presentation provides a timely overview of these items, as well as addressing key terms such “reasonable” and “good faith” in the context of protecting the confidentiality, integrity, and availability of protected health information.

HIPAA Business Associate Agreements Under HITECH

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX presents. “As part of the Department’s effort to fully protect patients’ health information and their rights under HIPAA, OCR has issued this important new fact sheet clearly explaining a business associate’s liability,” said OCR Director Roger Severino. In 2013, under the authority granted by the HITECH Act, OCR issued the Final Omnibus Rule that, among other things, identified provisions of the HIPAA Rules that apply directly to business associates and for which business associates are directly liable. One of the most notable items is the Business Associate Agreement. The presentation highlights enforcement actions, as well as key compliance items business associates and subcontractors need to focus on.

HHS, Final Rules, PHI, HIPAA, NIST, Health Apps

Q&A: HHS Final Rules, Patient Access to PHI & Health Apps Intersect

Rachel V. Rose, JD, MBA, presented the webinar “HHS Final Rules, Patient Access to PHI & Health Apps Intersect” recently and a recording can be viewed here. Rachel returned to answer many commonly asked questions from the webinar.

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