Criminal Liabilities Under HIPAA

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Benefits

Many hospitals, physician offices and other covered entities have been surprised to learn that HIPAA rules provide for criminal penalties - up to 10 years in prison for intentional violations! Now the stakes are higher and there are more stakeholders: recent stimulus legislation dramatically increased the stakes for HIPAA compliance by substantially increasing penalties for HIPAA violations, establishing mandatory breach notification requirements, applying many HIPAA privacy and security requirements to business associates (law firms, consultants, accounting firms, etc.), tightened HIPAA privacy requirements and establishing new civil and criminal HIPAA penalties. Health plans, health care clearinghouses, health care providers and Medicare prescription drug card sponsors may be prosecuted criminally for HIPAA violations.

With ID theft on the rise, prosecutors are becoming more aggressive in enforcing HIPAA laws, particularly when intent to illegally obtain patient information is involved. In addition, failing to be aware of criminal liability under HIPAA can lull health care providers into lax compliance efforts, thus exposing health care providers and individuals to increasingly severe sanctions. More importantly, depending on the facts of a given case, directors, officers and employees may also be directly liable in accordance with general principles of corporate criminal liability, as those principles are developed in the course of particular prosecutions.

Don't miss this important teleconference on how you can protect your organization from criminal prosecution. Catch up on the latest trends in HIPAA compliance with this timely presentation.


Agenda

HIPAA Overview
  • Administrative Simplification
  • Federal Rules
  • National Standards
HIPAA Statutes and Rules
  • Administrative Simplification Laws Public Law 104-191, 42 United States Code 132d, et seq
  • HITECH HIPAA, HR1, Public Law 111-5
  • HIPAA Rules 45 Code of Federal Regulations, Subchapter C, Parts 160, 162 and 164
  • Covered Entities and Business Associates
  • HIPAA Privacy and Security Rules
HITECH HIPAA
  • Breach Notification
  • Business Associates
  • New Civil and Criminal Penalties
  • Other HITECH HIPAA Provisions
Scope of Criminal Enforcement Under HIPAA
  • Acts That Constitute Criminal Violations
  • Who May Be Prosecuted for Criminal Violations
  • Knowledge or Intent Required for Violation
  • Compliance and Investigations
  • Other Considerations
Case Law of Criminal Enforcement
  • United States v. Gibson
  • United States v. Ramirez
  • United States v. Ferrer
  • Recent Cases
Reducing Exposure to HIPAA Criminal Violations
  • Policies and Procedures
  • Employee Training
  • Self-Audits
  • Other Action

Faculty

James M. Barclay, Law Office of James M. Barclay
Michael P. Gennett, Akerman Senterfitt
Jonathon Goodman, Akerman Senterfitt
Gary C. Matzner, Gary C. Matzner, P.A.

James M. Barclay
  • Attorney at the Law Office of James M. Barclay
  • Administrative and health care lawyer who focuses on administrative and governmental law with an emphasis on health care
  • Involved with HIPAA since its inception and has helped several clients with HIPAA compliance matters
  • Serves as general counsel to the Florida Patient Safety Corporation and helped it become the first patient safety organization to be listed by the federal government
  • Participated in numerous continuing legal education programs at state and national levels with more than 50 presentations about HIPAA
  • Member of The Florida Bar, the American Health Lawyers Association and the Florida Academy of Hospital Attorneys
  • Contact him at 850-591-4875 or jmbarclay@comcast.net


Michael P. Gennett
  • Of counsel with Akerman Senterfitt in Miami
  • Practices within the firm’s Healthcare Group, and is board certified in health law by The Florida Bar
  • Named a Heavy Hitter in Health Care by the South Florida Business Journal in 2007
  • Represents health care practitioners and institutional providers
  • Focuses on licensing, and Medicare and Medicaid compliance issues
  • Served as a legal intern to the Hon. William Hoeveler, Senior Judge, U.S. District Court for the Southern District of Florida
  • Contact him at 305-374-5600 or Michael.gennett@akerman.com

Jonathan Goodman
  • Shareholder with Akerman Senterfitt in Miami
  • Former federal prosecutor and experienced trial lawyer who has tried criminal and civil cases in federal and state court, arbitration hearings and administrative proceedings
  • Criminal prosecutor and civil trial lawyer with the U.S. Attorney’s Office in Miami
  • Private practice since 1988 representing individuals and corporations in federal and state investigations and trials, and in commercial litigation
  • Contact him at 305-374-5600 or jgoodman@akerman.com

Gary C. Matzner
  • Practice areas are corporate and health care
  • Nationally recognized health care lawyer with experience that includes Medicare fraud and abuse, compliance, hospital and managed care mergers and acquisitions, joint ventures, group medical practices, and HIPAA privacy matters
  • Contact him at 305-460-1511 or gary.matzner@adorno.com





These Materials are Designed For

Health information managers, business and office managers, privacy officers, medical records directors, IT professionals, hospital and clinic administrators, physicians and nurses, compliance officers, human resource professionals and attorneys

CD & Manual - CD Set with bound 54 page manual
Podcast - 90 Minute MP3 with 54 page electronic manual - Immediate Access and No Shipping Cost