HIPAA and Health-Related Claims for Employment Litigators


Re-Broadcast on September 22, 2017

Employment litigators must be able to navigate the privacy and security requirements of HIPAA to effectively litigate health-related employment claims, to properly advise clients, and to remain in compliance with obligations that apply directly to attorneys as business associates of covered entity clients. This presentation will cover HIPAA’s privacy, security, and enforcement rules, Health Information Technology for Economic and Clinical Health (HITECH) updates implemented by the Omnibus Final Rule effective in 2013; strategies for discovering and using medical records in litigation; preparation of compliant authorizations and qualified protective orders; recent case law and emerging issues; and tips for employment lawyers to manage their own obligations as business associates.

This class is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

  • HIPAA Privacy and Security Rules
  • Navigating HIPAA to Obtain Records
  • Using Medical Records in Litigation
  • Recent HIPAA Case Law and Developments
  • HIPAA Compliance Tips for Attorneys as Business Associates

Date / Time: September 22, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


SKU: N/A Categories: ,
Re-Broadcast on September 22, 2017

LaurieMartin_1Laurie Martin

Education & Prior Employment

  • J.D., summa cum laude, Indiana University McKinney School of Law. Editor-in-Chief, Indiana Law Review; Order of the Barristers; Chancellor’s Scholar
  • B.A., magna cum laude, Butler University. Journalism departmental honors; Editor-in-Chief, The Collegian
  • Judicial Intern. The Honorable Chief Judge Larry J. McKinney, U.S. District Court for the Southern District of Indiana


  • AV Preeminent, Martindale-Hubbell
  • Indiana Rising Stars (2010, 2014, 2015)

Professional Associations & Civic Involvement

  • Board of Directors, Little Red Door Cancer Agency, Indiana Health Care Foundation
  • Indianapolis Bar Association Labor & Employment Section Executive Committee, Go Green Committee (past co-Chair), Bar Leader Series Class VIII
  • Alumna, Sagamore American Inn of Court

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On-demand CLE
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Section I. HIPAA Privacy and Security Rules
a) The Basics
        i. Who is a covered entity?
        ii. What is Protected Health Information (PHI)?
        iii. Where do employers fit in?
b) Privacy Rule Overview
c) Security Rule and Breach Notification Overview
d) Enforcement Provisions
e) Confidentiality Considerations Beyond HIPAA

Section II. Navigating HIPAA to Obtain Records
a) Discovery Considerations
b) Authorizations
c) Qualified Protective Orders
d) Special Types of Records
e) Strategy When Court Intervention is Required

Section III. Using Medical Records in Litigation
a) Filing and Offering Records as Evidence
b) Admissibility Issues
        i. Privilege
        ii. Certifications
        iii. Hearsay Exceptions
        iv. Opinion Testimony

Section IV. Recent HIPAA Case Law and Developments

Section V. HIPAA Compliance Tips for Attorneys as Business Associates