HIPAA Law for Lawyers: A Must-Know Guide to New Compliance Requirements

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CLE Credits earned: 2 GEN

Far too often, lawyers mistakenly assume that HIPAA Laws are not applicable to them or to their practice of law. HIPAA Law is not confined to the healthcare sector, but also applies to and regulates individuals and entities that are considered Business Associates or sub-contractors (i.e., lawyers, accountants, IT personnel, etc.) of a “Covered Entity” under HIPAA.

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

This CLE Webinar will provide a “nuts-and-bolts” overview of the key provisions of HIPAA law, as well as the following specific applications relevant to the legal profession:

•   Client representation that renders lawyers subject to HIPAA regulation
•   Compliance requirements for HIPAA-regulated lawyers
•   Special considerations and practical tips for law practice compliance with HIPAA Laws
•   Important requirements for utilizing HIPAA protected documents, data and information in an administrative or judicial proceeding
•   State laws and HIPAA Preemption

Date / Time: December 12, 2018

•  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 and are view-able for up to one year.

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Kathleen C. Chavez, Esq. is a founding partner of Foote, Mielke, Chavez & O’Neil, LLC.

Ms. Chavez earned her Juris Doctor degree in 1998 from Northwestern University Pritzker School of Law and a Bachelor of Science degree in Finance from Northern Illinois University in 1995. She was admitted to the Illinois bar in 1998 and is admitted in the United States District Court for the Northern District of Illinois, United States District Court for the Central District of Illinois, the United States District Court for the Southern District of Illinois, the Seventh Circuit Court of Appeals, the Federal Trial Bar, Federal Court of Claims and has been admitted pro hac vice in cases nationwide.

Ms. Chavez is an accomplished trial attorney who has extensive complex civil litigation experience (including class, multi-plaintiff, mass tort and individual), including multi-district litigation (“MDL”), federal and state civil litigation, administrative proceedings and arbitration. She frequently serves in leadership roles, on committees and as a team member in some of the most challenging and transformative complex civil litigation nationwide. Her practice areas include a range of complex matters, involving competition law, consumer fraud and unfair trade practices law, environmental law, technology law, intellectual property and trademark law, qui tam law, civil rights law, contract law, Racketeering Influenced and Corrupt Organizations Act (“RICO”) law, labor and employment law and hour, insurance and other state and federal statutory and common law claims.

Ms. Chavez has utilized her diverse experience and unique background to consistently provide invaluable contributions in cases that require the cooperation and collaboration of multiple plaintiffs’ counsel. Whether as a leader or a team member, Ms. Chavez consistently offers an unparalleled level of advocacy, energy, enthusiasm and commitment to her clients. Recoveries from the cases in which she has been involved (including verdicts, judgments and settlements) exceed $7 billion dollars and involve a diverse range of complex civil claims.

Ms. Chavez is a member of the American Bar Association (“ABA”), the Chicago Bar Association (“CBA”), the Federal Bar Association (“FBA”), the National Employment Lawyers Association (“NELA”), the Kane County Bar Association (“KCBA”), and the Women’s Bar Association of Illinois (“WBAI”). She is a frequent speaker at conferences and seminars, and has received numerous recognitions and distinctions, including certification as an American Arbitration Association (“AAA”) Employment Panel Arbitrator; Leading Women Lawyers; and Top Employment Lawyers for Employees, Chicago Lawyer Magazine; Top Women Lawyers, Top 10 % of Lawyers in the USA, Lawyers of Distinction; Chicago Lawyer Magazine; and inclusion in selective and peer-reviewed organizations such as: Leading Lawyers, Esteemed Lawyers of America® and Lawyers of Distinction.

Elizabeth C. Chavez, Esq. is an Associate Attorney at Foote, Mielke, Chavez & O’Neil, LLC. Ms. Chavez received her juris doctor from Loyola University Chicago School of Law after graduating with a Bachelor of Arts from the University of Wisconsin-Madison. In 2016, she was licensed to practice in the State of Illinois, the United States District Court for the Northern District of Illinois, and the United States District Court for the Central District of Illinois.

Ms. Chavez practices in the areas of complex civil litigation, civil rights and labor and employment law. She has experience representing employees in front of administrative agencies (the Equal Employment Opportunity Commission, the Illinois Department of Human Rights and the Illinois Department of Labor) and state and federal courts. Ms. Chavez recently obtained a $6.45 million jury verdict on behalf of two plaintiffs who brought claims against their former employer and alleged the employer subjected them to a hostile work environment because of their sex. Davis, et al. v. Packer Engineering, Inc. (Case No. 11-cv-07923, United States District Court for the Northern District of Illinois).

Ms. Chavez is a member of the American Bar Association (“ABA”), the Chicago Bar Association (“CBA”), the Federal Bar Association (“FBA”), and the Kane County Bar Association (“KCBA”). She is also a member of the National Employment Lawyers Association (“NELA”) and the Women’s Bar Association of Illinois (“WBAI”). Ms. Chavez most recently spoke at the Kane County Bar Association Employment and Labor Law Seminar.

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Section I. Introduction: What is HIPAA; How HIPAA Impacts the Practice of Law; What Do Lawyers Need to Know About HIPAA
a) Introduction of Topic
b) Overview of CLE

Section II. HIPAA Basics: What Every Lawyer Needs to Know About the HIPAA Laws
a) General Overview of HIPAA Laws
b) “Who” and “What” the HIPAA Laws Protect: Individuals and Personal Health Information (PIH)
c) Individuals and Entities Subject to HIPAA: Covered Entities, Business Associates of Covered Entities and Sub-Contractors
d) Uses and Disclosures of PHI
e) The Privacy Rule
f) The Security Rule
g) Breach Notification
h) Enforcement

Section III. HIPAA- Regulated Lawyers: Lawyers as Business Associates of Covered Entities
a) Determining whether a lawyer falls within the definition of Business Associate of a Covered Entity under HIPAA
b) HIPAA Compliance Requirements for Lawyer Business Associates

Section IV. Litigating Matters Involving PHI: Obtaining, Disclosing, and Using HIPAA Protected Documents and Data in Litigation
a) Obtaining and disclosing of PHI in administrative or judicial proceedings generally
b) Obtaining PHI with individuals’ authorization
c) Disclosure of PHI in a judicial or administrative proceeding-Covered entity is a party to the proceeding
d) Disclosure of PHI in a judicial or administrative proceeding- Covered Entity is not a party to the proceeding
e) Limitations on Use of Medical Records in Litigation
f) General Practice Tips:
        i. Effectively requesting and efficiently obtaining PHI
        ii. Protecting PHI during Litigation/Security Rule Safeguards
        iii. Protecting PHI and Confidentiality When Requesting and Receiving Medical Records
        iv. Protecting PHI and Confidentiality When Organizing, Reviewing, E-mailing and Faxing Records
        v. Protecting PHI and Confidentiality When Printing Records
        vi. Storing the Case Files and Disposing of PHI after litigation is completed.
        vii. Review of Selected Cases, Related State Laws and HIPAA Preemption Analysis