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Review of HIPAA's Criminal Liability Provisions Under HIPAA's Standards

 

Understand potential penalties for different HIPAA violations and how to prevent criminal liability.

As amended by the HiTRUST Act, HIPAA now imposes criminal sanctions on any individuals, regardless of whether or not employed by a health care provider, health plan, or health care clearinghouse (or any of their business associates). Not only does the federal Department of Justice have authority to pursue criminal prosecutions under HIPAA, but each and every state attorney general may pursue civil remedies. By understanding the risks that lead to criminal prosecutions, health care organizations can take preventive and detective steps to minimize these risks and best protect their business reputations. Historic enforcement actions offer key insights into the regulatory mindset, and the remediation contained in them can be used as a roadmap for testing the effectiveness of your own safeguards, controls, and early warning systems.

Agenda

Faculty

Leslie Bender, CIPP/US, CCCO, CCCA, IFCCE

Leslie Bender, CIPP/US, CCCO, CCCA, IFCCE

Eversheds Sutherland (US)

  • Senior attorney at Eversheds Sutherland (US) LLP, a multidisciplinary, international law firm that draws on our attorneys’ comprehensive industry and policy knowledge and a global network of industry advisors and subject-matter experts to provide innovative legal solutions and client-service excellence worldwide
  • An articulate corporate author and engaging trainer with more than 30 years of experience handling compliance, regulatory, transactional, and legal matters for hospitals and financial services companies
  • Recognized as a national expert on HIPAA and other information privacy and security laws, she was one of the first privacy officers internationally accredited as a Certified Information Privacy Professional
  • In addition to being an attorney and government/regulatory relations specialist, she is an experienced mediator
  • Frequent motivational speaker and compliance educator and has been honored for her contributions to the consumer financial and healthcare industries by several credit, collections, healthcare, and banking associations as well as the U.S. Small Business Administration
  • J.D. degree, University of Notre Dame; undergraduate degree, Northwestern University
  • Can be contacted at [email protected]

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