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A HIPAA Primer and Guide for Legal Professionals

This course will guide legal professionals who work on medical cases to stay compliant with HIPAA laws and regulations.

The Health Insurance Portability and Accountability Act (HIPAA) can be daunting to legal professionals who do not practice healthcare law regularly. Moreover, legal professionals may be covered or affected by HIPAA and not even know it. Since penalties for noncompliance are high and enforcement is on the rise, all legal professionals that handle health information need to understand when HIPAA applies and when it doesn't. When HIPAA does apply, legal professionals need to understand the various obligations to achieve compliance. This topic will discuss the history, scope, and enforcement of HIPAA. It will provide a plain language overview of the privacy, security, and Breach Notification Rules under HIPAA. The content will also cover business associate agreement drafting tips, professional ethics considerations, and compliance tips for legal professionals that are required to comply with applicable HIPAA provisions as business associates.

67 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

History of HIPAA

  • Statute
  • Rules
  • Revisions
  • Penalties and Enforcement

Applicability of HIPAA to Various Entities

  • Covered Entities
  • Business Associates
  • Lawyers as Business Associates

HIPAA Rules

  • Privacy Rule
  • Security Rule
  • Breach Notification Rule

Business Associate Agreement Provisions

  • Required
  • Optional
  • Ethics Considerations With Drafting and Negotiating Business Associate Agreements With Clients

Compliance Tips

  • Best Practices for Lawyers as Business Associates
  • Best Practices for Advising Clients That Are Covered Entities
  • Special Rules for Subpoenas Under HIPAA
  • Relationship to Other Privacy and Security Laws
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 21, 2023.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 66 Minutes.
     
  • NM CLE 1.1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.0
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VA CLE 1.0
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • IAPP 1.0
     
  • This course has been approved through the International Association of Privacy Professionals (IAPP) for 1.0 CPE Credit(s). This course is applicable to the following certifications: CIPP/A, CIPP/C, CIPP/E, CIPP/US, CIPM, CIPT.
     
  • NALA 1.05
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.05 hour(s).
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.0
     
  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • MO CLE 1.3
     
  • NJ CLE 1.3
     
  • NM CLE 1.0
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Nathan A. Kottkamp

Nathan A. Kottkamp

Williams Mullen

  • Partner in Williams Mullen’s Healthcare Department, Richmond, Virginia
  • Provides counsel on compliance with federal and state healthcare regulations and day-to-day operational issues
  • Earned the CIPP/US designation as a Certified Information Privacy Professional from the International Association of Privacy Professionals, and clients rely on his insight and experience with HIPAA and other data privacy and security matters
  • Recognized as a Leading Lawyer for cyber law in Virginia by Legal 500 U.S. and as a Rising Star by Super Lawyers
  • Dedicates his time and experience to public health issues
  • Founder and chair of National Healthcare Decisions Day (www.nhdd.org), which educates and empowers both the public and healthcare providers about the importance of advance care planning
  • Member of the Advance Directives Task Force Committee of the Supreme Court of Virginia Commission on Mental Health Law Reform
  • J.D. degree, magna cum laude, University of Pittsburgh School of Law; M.A. degree in bioethics, University of Pittsburgh; A.B. degree, with high honors, College of William and Mary
  • Can be contacted at [email protected] or 804-420-6028
Beth Pitman

Beth Pitman

Holland & Knight, LLP

  • Partner in Holland & Knight, LLP, Healthcare Practice and Digital Health team
  • Advises and provides counsel to healthcare systems, management companies, a wide variety of providers, and healthcare IT businesses in navigating healthcare privacy and cyber security regulations, other healthcare regulations, and government reimbursement program matters
  • Advises healthcare organizations on daily compliance with HIPAA and other data privacy and security laws and response and representation related to data breaches
  • Provides HIPAA, data privacy and security, and other healthcare regulatory diligence support in mergers and acquisitions
  • Recognized by WomenInc. Magazine’s Most Influential Corporate Directors
  • Listed in Best Lawyers in America© (BL Rankings) for Health Care Law, 2023
  • J.D. degree, University of Alabama School of Law; B.S. degree in accounting, University of Alabama
  • Can be contacted at [email protected] or 205-226-5704
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 410586
Published 2023
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