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Health Information Exchange

Understand the Health Information Exchange and recent amendments and legislation that impact the HIE.

Many covered entities and business associates who are required to comply with HIPAA as well as other federal and state law requirements protecting the privacy and security of patient information still misunderstand when and how individually identifiable information may be used and disclosed in the electronic networked HIE context, and including when it must be disclosed. There also continues to be misunderstanding of how and when a breach occurs in the HIE context, who is responsible for it, who needs to be notified and with whom do the legal and contractual obligations rest. This topic helps the persons responsible for their organization's compliance with HIPAA and other federal and state laws requiring individually identifiable information to be secured and disclosed only as permitted, i.e., under applicable federal and state law exceptions to consent or pursuant to legally-compliant consent forms and processes. The material also explains the specific requirements of such consent forms, including those that have gone into effect as a result of amendments to 42 CFR Part 2. Failing to have compliant and effective policies, procedures and documentation (i.e., consent forms) continues to be a short-coming of many entities connecting to networked HIE initiatives. Noncompliance has resulted in many recent HIPAA enforcement actions taken by the OCR which have led to millions of dollars collected in HIPAA settlement agreements. This topic is critical for organizations to keep abreast of recent legal developments affecting their participation in networked HIE, and ensuring that they are not putting the 'data-sharing cart' before the 'HIE/HIPAA-compliance horse'.

Runtime: 89 minutes
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Over 32 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

Current Status of HIE in the United States

  • HIE Activity Across the United States
  • Federal Agencies and Resources in Place, New and Old, to Support HIE Activity
    • ONC's eHealth Exchange
    • Sequoia Project
    • HIT Advisory Committee

Recent Legislation Impacting HIE

  • 21St Century Cures Act
    • Signed Into Law December 13, 2016, Addresses a Wide Range of Health Care Issues and Initiatives
    • Requirement of Compelled Sharing of Information for NIH Grant Recipients
    • Requirement Prohibiting "Information Blocking"
  • 42 CFR Part 2 Amendments
    • Recent Amendments to the Regulations Governing Drug and Alcohol Treatment Programs and Facilities
    • Key Amendments to the Part 2 Regs That Affect HIEs
    • The New HIE Consent Under Part 2

State Laws and the Sensitive Data Conundrum

  • Sensitive Data Conundrum HIEs Continue to Face
  • Consent Options - i.e., Consent to Disclose vs. "Consent to Access"; Prospective Consent; Durable Consent
  • "Sequestration" Pilots, and How It Can Be Leveraged to Solve the Sensitive Information Barrier

Breaches in the HIE Context

  • HIPAA Breach Notification Rule and Its Application in the HIE Context
  • Data Breaches That Cross State Lines
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Why Lorman?

Over 32 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 Webinar

This course was last revised on June 1, 2017.

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

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

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
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 32 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

Helen Oscislawski, Esq.

Helen Oscislawski, Esq.

Attorneys at Oscislawski LLC

  • Founding partner, Attorneys at Oscislawski LLC
  • Corporate and regulatory attorney whose practice focuses almost exclusively on advising and representing health care clients
  • Recognized nationally for her substantial experience with and understanding of legal issues that arise with the use of electronic medical records and networked health information exchange
  • In 2008, Governor Corzine appointed her to the New Jersey Health Information Technology Commission to fill the seat reserved by statute for an attorney practicing in this state with demonstrated expertise in health privacy in 2010, Governor Christie reappointed her to the commission, and she also served as the chair of New Jersey’s Privacy and Security Committee
  • Over the course of her career, she has completed complex legal analyses regarding patient consent issues, privacy standards, security breach response, and other patient-data related challenges
  • Known to many as a go to attorney on HIPAA, health information exchange and technology, and legal advice relating to health care data breaches
  • Currently advises some of the most sophisticated organizations in the nation on all aspects of managing patient privacy and legal risk resulting from data breaches
  • Who’s Who 2017 Top Lawyer, and is also recognized as a Lawyer of Distinction, a designation granted to only the top 10% of attorneys in the nation
  • Speaks regularly at various national events on these topics, as well as maintains a popular blog called Legal HIE, www.legalhie.com
  • Can be contacted at 609-385-0833 ext.1 or [email protected]
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Product ID: 400437
Published 2017
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