Offshoring Patient Health Data: Navigating Complex Federal and State Privacy Regulation, Mitigating Client Risk
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will guide practitioners through federal and state regulations governing the offshoring of patient data in the healthcare industry. The expert panel will discuss how offshoring is being used in the industry and how this may create conflicts with privacy regulations and material contractual arrangements. The panel will also offer best practices for guiding clients through the maze of privacy regulations so they may remain compliant.
Outline
- Introduction to offshoring
- How offshoring is being used in the healthcare industry
- Federal regulations and guidance impacting offshoring in healthcare
- HIPAA
- ACA
- CMS guidance
- State laws and actions affecting offshoring
- FL
- OH
- Others
- Contractual arrangements
- Penalties for noncompliance
- Best practices for compliance
- Practitioner takeaways
Benefits
The panel will review these and other key considerations:
- What federal laws impact the offshoring of patient data? How?
- What are notable state laws and/or actions that limit or prohibit the offshoring of patient data?
- What are best practices for assisting clients in deciding whether and in what manner to use third-party vendors that require offshoring?
Faculty
Carolyn V. Metnick
Partner
Sheppard Mullin
Ms. Metnick is a partner in the Corporate Practice Group in the firm's Chicago office and a member of the... | Read More
Ms. Metnick is a partner in the Corporate Practice Group in the firm's Chicago office and a member of the Healthcare and Privacy & Cybersecurity Teams. She represents a range of healthcare industry clients, including hospitals and health systems, physician organizations and digital health companies. Ms. Metnick advises on healthcare regulatory and transactional matters with a focus on health information privacy and security. She is the founder and leader of Sheppard Mullin Healthy AI, which is an initiative focused on legal issues relates to the use of AI in healthcare. Ms. Metnick counsels healthcare clients on issues relating to AI, including governance, contractual matters, and data related issues. She advises clients on a range of privacy and security laws, including HIPAA and other federal and state privacy laws. Ms. Metnick also counsels businesses in data breach investigations and compliance with federal and state breach notification laws. She is a Certified Information Privacy Professional/United States (CIPP/ US) and a Certified Information Privacy Professional/Europe (CIPP/E).
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Michael Sutton
Attorney
Sheppard Mullin
Mr. Sutton takes on the most cutting edge and disruptive areas of practice, blending healthcare, technology, and... | Read More
Mr. Sutton takes on the most cutting edge and disruptive areas of practice, blending healthcare, technology, and legal compliance into his daily workload. In particular, he focuses on HIPAA and privacy related regulations and their interplay with technological developments both inside and outside of the healthcare and consumer spaces. Similarly, Mr. Sutton well versed in negotiations centered on data usage and derivative ownership rights. He supports clients as they navigate a complex web of emerging regulations in the digital healthcare space, tackling artificial intelligence, webtracking, information blocking, offshoring, de-identification, and other next-gen workstreams. He has managed government investigations, worked to resolve active breach incidents, and advised clients regarding a range of privacy and technology oriented matters. Mr. Sutton also supports clients in developing compliant and innovative approaches to navigating HIPAA and other privacy laws to ensure client objectives are achieved in alignment with all legal and regulatory requirements.
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