My partner Seth Goldberg and I just published an article in the Legal Intelligencer describing the ethical dilemmas faced by lawyers who have clients who may embark on business ventures that involve medical marijuana in Pennsylvania and other jurisdictions where the law and the norms are still being formulated. You can read the full text here.
Duane Morris Special Counsel Michael E. Clark to Moderate Tweet Chat: Ebola and Legal Issues Raised by Reactions
Duane Morris special counsel Michael E. Clark will moderate a free Tweet Chat that is being hosted by the ABA Health Law Section on Wednesday, November 5, 2014 at 12:00 noon EST/11:00 a.m. CST.
About the Program
The Health Law Section’s second Tweet Chat will be held on Wednesday, November 5, 2014 at 12:00 noon EST / 11:00 am CST. The hashtag for the Tweet Chat will be #HLSChat. The Section’s Twitter account is @abahealthlaw. Follow the account for more information. The moderator for the chat will be the Section’s Chair, Michael Clark (@MichaelEClark). Also participating will be Kirk Nahra, @KirkJNahrawork an expert on privacy issues, and Melissa Markey, an expert on pandemics.
The topic is Ebola and legal issues raised by reactions. This is a popular topic in light of many fears about an outbreak in the United States and wanting to learn about treatment of individuals who have come back with the virus. Please join us to discuss these issues and share your ideas, thoughts and insights.
Duane Morris Special Counsel Michael E. Clark to Present on “The Physician and Attorney Relationship in a Fraud Audit”
Duane Morris special counsel Michael E. Clark will be speaking on “The Physician and Attorney Relationship in a Fraud Audit: Working Through Related Ethical Issues,” during the Physicians Legal Issues Conference presented by the American Bar Association Health Law Section in conjunction with the Chicago Medical Society and the American College of Physician Executives. Mr. Clark’s presentation will be on Friday, June 13, 2014 from 8:00 a.m. until 9:15 a.m. at the Palmer House Hilton in Chicago.
HIPAA Marketing and Sale Provisions: Legal Potholes for Providers, Payors, Advertisers, Data Aggregators, Market Researchers and Others
The 2013 HIPAA Amendments directly apply to healthcare providers, plans and clearinghouses as “covered entities,” as well as their subcontractors and vendors as “business associates” (including their downstream subcontractors and agents). However, it is not just covered entities and business associates that need to understand the 2013 Amendments. Advertisers, data aggregators, market researchers and others that want access to PHI, even data that appear to be de-identified, will be impacted.
What the New HIPAA Rules Say About Health Information Technology for Users, Developers and Investors
HIPAA-covered entities and many of their vendors—among them are HIO and EHR consultants, data analytic firms, data transmission facilitators, software vendors and device vendors—rely on health information technology (HIT) to accomplish their purposes. Large data companies, small entrepreneurs and investors are participating in the growth of HIT.
New HIPAA Rules Regarding Genetic Information Affect Employers, Group Health Plans, Health Insurers and Healthcare Providers
Because HIPAA includes employer-sponsored group health plans under the definition of insurers, employers that sponsor plans are also affected by the GINA amendments to the HIPAA Privacy Rule (“the GINA amendments”). In addition, the GINA amendments will have applicability beyond the insurance industry because they draw distinctions between permissible and impermissible uses of “genetic information” in connection with the diagnosis of a medical condition. Click here to read more about how the new HIPAA rules regarding genetic information affect employers, group health plans, health insurers and healthcare providers.
Employers Take Note: Final HIPAA Rules Mandate New Obligations for Group Health Plans
Employers that sponsor group health plans for their employees should pay careful attention to the newly announced final omnibus rule amending HIPAA in accordance with the HITECH Act of 2009. This final rule under the HITECH Act, issued on January 17, 2013, impacts group health plans in two significant ways. Group health plan sponsors should act now to make changes to existing plan documents, including HIPAA procedures and business associate agreements, in response to the Final Rule.
Click here for an overview of how HIPAA generally applies in the context of employer-sponsored group health plans and these significant changes impacting group health plans.
HIPAA Minimum Necessary Standard Should Be Key Component of Policies and Procedures, Now More Than Ever
The HIPAA Rules require that when a HIPAA-covered entity (a provider, plan or clearinghouse) or a business associate of a covered entity uses or discloses protected health information (“PHI”), or when it requests PHI from another covered entity or business associate, the covered entity or business associate must make “reasonable efforts to limit protected health information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.”
Click here to read more about the HIPAA “minimum necessary” standard—one of the most essential, yet vague, aspects of the HIPAA Rules.
Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules
The 2013 Amendments include a number of sweeping changes to the HIPAA Rules, including the expansion of the definition of a business associate to include their subcontractors that handle protected health information (“PHI”); a lower threshold for determining whether a breach has occurred for reporting purposes; and restrictions on “marketing” activities and the “sale” of PHI.
Click here to read this Overview Summary of the 2013 Amendments. Duane Morris is issuing a series of Alerts on the 2013 Amendments. Please see the in-depth Alerts already distributed by the firm on changes under the 2013 Amendments to the definition of a business associate and changes to the breach notification requirements. We will continue to issue Alerts on discrete HIPAA topics.
New HIPAA Breach Notification Rule May Prove Costly for HIPAA-Covered Entities
One of the most significant changes in the final HIPAA amendments is the Breach Notification Rule, which modifies and clarifies the definition of “breach” and the risk-assessment approach required for breach notification. In light of this heightened standard, covered entities, business associates and downstream contractors should consider carefully reviewing their breach notification policies and procedures, training materials and contractual arrangements in an effort to avoid potential liability under the Breach Notification Rule.
Click here for more information on the most significant changes to the Breach Notification Rule.