White Paper

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OCR Intends to Move Forward With Methodology to Distribute Enforcement Funds to HIPAA Victims


OCR Announces Intention to Move Forward With Development of Methodology to Distribute Enforcement Funds to Victims of HIPAA Violations

While this announcement is considerably hopeful, it opens the door for many unanswered questions. Proposed and final rules for 2018, from the Office for Civil Rights, were recently updated to be released later this year. Along with that update was early notice of proposed rulemaking in which the OCR will look for comments on determining a way to dispense monies collected from HIPAA enforcement actions to those who were harmed by the underlying incident. This white paper reviews this announcement and how it may impact other OCR enforcement.



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Lynn Sessions

Baker & Hostetler LLP

  • Health care privacy attorney at Baker & Hostetler, LLP in Houston, Texas
  • More than 18 years of experience working with health care providers and using her prior in-house experience at Texas Children’s Hospital, she provides legal counsel to clients on a variety of privacy and data security matters from a client perspective
  • Has advised client’s on some of the largest health care data breaches reported to date
  • Developed deep knowledge in risk financing, insurance and enterprise risk management
  • Regularly counsels clients on compliance with health care privacy, HIPAA/HITECH, and state laws, including policies and procedures, breach notification and regulatory investigations
  • Regular contributor to BakerHostetler’s Data Privacy Monitor blog and a frequent speaker on a range of topics affecting health industry clients, including privacy and data breach matters
  • Was named a Texas Rising Star by Law and Politics and the publishers of Texas Monthly
  • Member of the American Health Lawyers Association, serving as vice chair of the Enterprise Risk Management Task Force, and the American Society for Health Care Risk Management
  • Currently serves on the board of directors of Children at Risk, an advocacy group for at-risk children in the state of Texas
  • J.D. degree, Baylor University School of Law; B.A. degree, Texas A&M University
Kathryn Carey

Kathryn Carey

Baker & Hostetler LLP

  • Associate and member of BakerHostetler’s Privacy and Data Protection team
  • Well versed in the Health Insurance Portability and Accountability Act (HIPAA), as well as the various state health care and data protection laws, works closely with her clients to develop HIPAA compliant privacy and security policies and procedures, including security risk assessments
  • Background includes advising clients on fraud and abuse issues, structuring complex transactions, and drafting and negotiating contracts for a variety of different health care providers and entities
  • J.D. degree, Seton Hall University School of Law, 2013, Moot Court Board; B.A. degree, Fordham University, 2010
  • Can be contacted at 713-646-1353 or [email protected]

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