Data, Technology, and Health Care Compliance in Florida: Managing Cyber Risk, Privacy, and Fraud Enforcement (Co-sponsored by Miami Dade Bar)

Gabriel L. Imperato
Henry Ortiz
Jay Harmond
Gabriel L. Imperato
Nelson Mullins Riley & Scarborough LLP
Henry Ortiz
BorderHawk, LLC
Jay Harmond
BorderHawk, LLC
Live Video-Broadcast: February 26, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

Session I – Data as an Asset and a Liability: Legal Risk, Governance, and Compliance – Henry Ortiz and Jay Harmond

This session provides attorneys with a practical, legal-focused guide of how data and technology create both enterprise value and significant regulatory, contractual, and litigation risk. It examines why sensitive data such as PII, PHI, trade secrets, and client information has become a core business asset and a major source of liability, and how technology infrastructure and third-party vendors expand compliance exposure. It explores the evolving role of counsel in data privacy and cybersecurity governance, including advising executives and boards, managing discovery and breach response, navigating HIPAA and state privacy laws, and understanding enforcement risks such as False Claims Act and FTC actions. Using frameworks such as HIPAA, NIST, COPPA, and CMMC, the session translates complex compliance obligations into practical concepts, helping attorneys move from theory to actionable guidance when advising clients on cyber risk and data governance.

Key topics to be discussed:

  • Data is the asset… and the liability
  • The role of counsel
  • Vendor risk management
  • Frameworks that make compliance possible

Session II – The Foundations of Health Care Compliance and Risk – Gabriel L. Imperato

This presentation will review the basic requirements of the Stark law, the Anti-Kickback Statute and the Eliminating Kickbacks in Recovery Act and the False Claims Act and the enforcement and risks associated with the application of these laws.

Key topics to be discussed:

  • The basic prohibitions and exceptions and unique features of the Stark law
  • The scope of the Federal Anti-Kickback Statute and the Eliminating Kickbacks in Recovery Act and the relationship between these statutes
  • The United States False Claims Act and its basic prohibitions, the whistleblower provisions and the significant fines and penalties and its relationship to health care fraud enforcement and compliance
  • The most frequent and recurring enforcement and compliance risks in the health care industry

Date / Time: February 26, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Gabriel L. Imperato | Nelson Mullins Riley & Scarborough LLP

Gabriel’s personal practice includes representing individuals and organizations accused of healthcare fraud and assisting and advising healthcare organizations on corporate governance and compliance matters. Gabriel is board certified as a specialist in Health Law by the Florida Bar. He is also certified in Health Care Compliance (CHC) by the Society of Corporate Compliance and Ethics and the Health Care Compliance Association (SCCE/HCCA). This national accreditation reflects a professional level of competence and experience in compliance processes sufficient to assist healthcare business organizations to understand and address legal obligations and to promote organizational governance and integrity through the operation of effective compliance programs. Gabriel served as Interim General Counsel of the North Broward Hospital District, the tenth largest health system in the United States. He was also the Deputy Chief Counsel for the United States Department of Health and Human Services’ Office of the General Counsel in Dallas. He has served as a longtime member of the Board of Directors and Past President of the SCCE/HCCA.

Gabriel has criminal and civil trial and appellate experience in federal and state courts and administrative forums, and he has personally handled leading national cases concerning criminal and civil healthcare fraud and abuse and healthcare law and policy. He has vast experience in the defense of allegations involving the False Claims Act against health care organizations and has litigated and settled many of these cases with the Department of Justice and the Office of Counsel to the Inspector General, as well as State Medicaid Fraud Control Units.

Gabriel has also handled numerous matters involving the formation of integrated delivery systems and managed care organizations. Gabriel is considered a national leader in healthcare fraud, abuse, and compliance as well as healthcare reform matters. He lectures and publishes numerous articles on these subjects.

 

Henry Ortiz | BorderHawk, LLC

Henry Ortiz, Esq is a licensed attorney in Florida, who has over 20 years of experience advising executives, boards, and legal teams on technology solutions. He focuses on translating technical requirements into practical cyber risk-management strategies including cybersecurity, data privacy, NIST, CMMC, and HIPAA Security Rule compliance. Henry regularly delivers executive-level briefings and is recognized for bridging legal, regulatory, and technical perspectives in highly regulated environments. Henry provides clear insight into how technology decisions, security controls, and operational failures translate into legal liability, enforcement risk, and governance obligations, equipping counsel to more effectively advise clients on cyber risk management in healthcare and other regulated industries.

 

Jay Harmond | BorderHawk, LLC

Jay is an experienced cyber risk compliance executive with several years of service as a Chief Information Security Officer (CISO), advising healthcare organizations, hospitals, telecommunications providers, and public-sector entities on cyber risk management, regulatory compliance, and governance. The presenter has worked extensively with rural and critical-infrastructure organizations, helping them navigate complex security and compliance challenges in highly regulated environments.

BorderHawk delivers strategic Information Risk and Security Compliance services to safeguard information and information systems, especially where confidentiality, integrity, availability, or non-repudiation is paramount. These measures incorporate protection, detection, response, and correction capabilities for industries, including critical infrastructure, such as Communications, Defense Industrial Base, Healthcare, Oil and Gas, Transportation, Manufacturing, Local Government, Data Centers, Law Practices.

Agenda

Session I – Data as an Asset and a Liability: Legal Risk, Governance, and Compliance | 1:00pm – 2:00pm

  • Data is the asset… and the liability
    • Why data (PII, PHI, trade secrets, client lists, executive communications) is often a company’s most valuable and dangerous—asset
    • Data ownership: Who owns the data? Consent? Profiting from PII?
    • Technology as a regulatory risk driver in modern businesses
    • How technology infrastructure creates legal exposure across industries
  • The role of counsel
    • Data privacy & cybersecurity as a governance
    • False claims act, whistle blowers, and compliance
    • Discovery in lawsuits for data privacy or cyber breach matters
    • HIPAA is federal law, and there are state laws as well for managing PHI
    • Advising executives and boards on cyber risk
    • Ethical and professional responsibility considerations for attorneys advising on technology use
  • Vendor risk management
    • Third-party vendors, MSPs, remote workers, and data processors
    • Emerging technologies
    • Regulatory uncertainty and evolving enforcement trends
  • Frameworks that make compliance possible
    • Why managing cyber risk without a framework creates blind spots
    • When data handling becomes regulated (either a legal obligation, or a contractual obligation)
      1. Children’s Online Privacy Protection rule (“COPPA”)
      2. Nist as a roadmap for data GRC
      3. CMMC and contracts law
      4. HIPAA as enforceable federal law, not a guidance
        a. Who is covered: Healthcare entities, business associates, and downstream vendors
    • Inside the HIPAA security rule
      1. Evaluating operational, compliance, and governance risks tied to IT systems
      2. Administrative, physical, and technical safeguards explained in plain technical terms
      3. “Required vs. Addressable” controls and how that plays out in real systems
      4. What happens when security fails
      5. Breach of contract, FTC enforcement, false claims act exposure, and negligence claims
      6. Ransomware, outages, and vendor breaches as predictable failure patterns
      7. Data classification, retention, and destruction policies as compliance tools
      8. Incident response planning and breach readiness
    • From theory to practice
      1. Practical recommendations attorneys should understand when advising clients

Break | 2:00pm – 2:10pm

Session II – The Foundations of Health Care Compliance and Risk | 2:10pm – 3:10pm

  • The basic prohibitions and exceptions and unique features of the Stark law
  • The scope of the Federal Anti-Kickback Statute and the Eliminating Kickbacks in Recovery Act and the relationship between these statutes
  • The United States False Claims Act and its basic prohibitions, the whistleblower provisions and the significant fines and penalties and its relationship to health care fraud enforcement and compliance
  • The most frequent and recurring enforcement and compliance risks in the health care industry

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Connecticut

Approved for CLE Credits
2 General

Florida

Pending CLE Approval
2.5 General

Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Tennessee

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Wisconsin

Pending CLE Approval
2 General

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