HIPAA

Since enactment of the Health Insurance Portability and Accountability Act (HIPAA) in 1996, numerous regulations have been issued to attempt to clarify its provisions. Despite these efforts, the law is anything but simple. Since it appears that HIPAA will continue to impact the way business is conducted in the U.S., if your organization is regulated by HIPAA, you will want informed legal counsel to advise you on the challenges. State privacy laws also impact how health information may be used and disclosed.

Experienced Counsel

Holland & Knight’s Data Privacy & Security Group – one of the largest and most comprehensive in the United States – has extensive experience in HIPAA legal and security issues. Our team brings all of the following to bear on your representation:

• dedicated health law, corporate compliance and technology lawyers with practical know-how for handling your health information privacy and security matters
• proficiency in HIPAA laws and rules, as well as state privacy laws - our Data Privacy & Security Group attorneys are frequently called upon to speak and write on these topics
• experience drafting comments to HHS on the HIPAA privacy laws and regulations –working on behalf of industry associations, multinational corporations and other clients

In-Depth Insight for a Range of Legal Needs

Whether your matter involves privacy compliance assessments, training, or HIPAA compliance documentation, our team has the substantive understanding of HIPAA law and other data privacy laws necessary to guide you through the maze.

Committed to Helping You Ensure the Health of Your Business

The complex provisions of HIPAA and state privacy and security laws impact a vast spectrum of U.S. businesses. We have advised clientele in the following industry sectors:

• physician groups
• hospitals and nursing homes
• pharmaceutical, medical device and disease management companies
• pharmaceutical benefit managers
• self-insured employee benefit plans
• health plans, health insurers and third-party administrators
• vendors, contractors and other business associates

Customized Client Training to Help You Navigate Change

HIPAA’s shifting policy landscape is a critical factor that drives the need for continuous training. Our lawyers provide customized and comprehensive training programs that cover individual client policies, procedures, practices and business relationships, as well as the general HIPAA privacy and security standards. Holland & Knight clients also benefit from in-person training seminars on privacy compliance matters.

Savvy Technology Support

Addressing the complex IT-related issues that have emerged from HIPAA and other data privacy laws requires specialized resources that may not be available inside your organization. Holland and Knight’s experienced technology attorneys can assist you through the changes, advising you in areas such as the following:

• assisting in the development of clinical data repositories and master patient indices
• counseling on your administrative requirements, including implementing appropriate IT security processes, to ensure administrative safeguards

Ongoing Strategic Counsel For Protecting Your Interests

Holland & Knight’s Data Privacy & Security Group provides the strategic legal counsel you need to respond proactively to continuously evolving requirements and to protect your business from unintended violations. Specific services include the following:

• full-scale privacy, security and operational compliance assessments and remediation programs
• counseling on HIPAA and related state law issues, such as gap analyses and the impact of HIPAA on state litigation
• developing comprehensive analysis, assessment and operational compliance of self-insured employee health plans
• reviewing existing business arrangements with third parties that permit access to health information – including those with vendors, agents and independent contractors

Documenting Your Compliance

Ensuring compliance with HIPAA requires painstaking tracking and documentation. Our Data Privacy & Security Group brings the right combination of technical and legal resources to the task. We can help you:

• develop HIPAA compliance documents – including notices of privacy practices, plan document amendments, protective orders and authorization forms
• produce the procedure manuals and related contractual provisions needed to protect the confidentiality of patient information
• create employee training materials covering HIPAA laws and other privacy and security standards