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Health Data and HIPAA: Where Business Needs Meet the Privacy Rule

Overcoming Compliance Challenges Using Data in Research, Artificial Intelligence, Commercialization

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, January 22, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, December 20, 2024

or call 1-800-926-7926

This CLE webinar will provide a comprehensive overview of the permissible uses of health data for expansive business needs including research, artificial intelligence development, and commercial purposes under the HIPAA privacy rule. The panel will discuss the circumstances under which health data is considered protected health information (PHI) subject to the privacy rule and the requirements for using the data for these purposes. The panel will also offer best practices for remaining HIPAA compliant while meeting business needs.

Description

Massive amounts of health data are now being collected for a variety of business uses including research, artificial intelligence development, and commercial purposes such as marketing. However, healthcare providers and their counsel should understand when health data is considered PHI and, therefore, subject to the HIPAA privacy rule and its requirements when using health data for these purposes in order to maintain compliance while meeting business needs.

For example, in general, covered entities may use and disclose PHI for research if authorized to do so by the subject in accordance with the privacy rule. However, the privacy rule permits covered entities to use and disclose PHI without authorization for certain types of research activities such as where a covered entity obtains documentation that an IRB or privacy board has waived the requirement for authorization or allowed an alteration. Furthermore, covered entities may use or disclose de-identified health information for research purposes without restriction under the privacy rule.

In addition to research activity, data is being used to develop artificial intelligence and is being commercialized, raising new compliance challenges.

Listen as our expert panel provides a comprehensive overview of the permissible uses of health information in relation to research, artificial intelligence, and commercialization, as well as the HIPAA requirements for using health data for these purposes in order to remain compliant.

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Outline

  1. Introduction
    1. PHI overview
    2. Required vs. permissible PHI disclosures under HIPAA
  2. Permitted uses of PHI under HIPAA
    1. Research purposes
    2. Artificial intelligence development
    3. Commercialization/marketing
    4. De-identified health information
    5. Other
  3. Other federal and state privacy pointers
  4. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What are permissible uses of health data in research activity under HIPAA?
  • What challenges face covered entities when using health data for developing artificial intelligence?
  • Under what circumstances may health data be used for commercial purposes?
  • What other privacy considerations on the federal and state level outside of HIPAA should counsel be aware of?

Faculty

Watkins, Shalyn
Shalyn Watkins

Attorney
Holland & Knight

Ms. Watkins is a healthcare attorney in Holland & Knight's Los Angeles office. She represents various...  |  Read More

Additional faculty
to be announced.
Attend on January 22

Early Discount (through 12/20/24)

Cannot Attend January 22?

Early Discount (through 12/20/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video