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New HIPAA Privacy Rules and Key Issues for Group Health Plans: Challenges for Plan Sponsors and Administrators

Prohibited Disclosures, Amended Definitions, Restrictions, Obligations of Regulated Entities, Updating Notice of Privacy Practices

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, November 5, 2024

Recorded event now available

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This CLE webinar will provide health care providers and health plans an in-depth analysis of the U.S. Department of Health and Human Services' Office for Civil Rights' (OCR) final rule amending HIPAA privacy regulations. The panel will discuss the final rule's requirements for regulated entities and under what circumstances they are prohibited from disclosing reproductive healthcare information. The panel will also address the dilemma facing regulated entities when determining whether to comply with state laws requiring the disclosure of PHI or HIPAA's privacy prohibitions and offer best practices for compliance.

Description

The OCR recently published a final rule amending the HIPAA privacy rule that provides new protections for the privacy of reproductive healthcare information. The rule requires compliance by Dec. 23, 2024, except for the notice of privacy practices provisions, which require compliance by Feb. 16, 2026.

The final rule restricts the circumstances under which HIPAA-covered entities, health plans, and their business associates may disclose reproductive healthcare information by prohibiting its use or disclosure to conduct a criminal, civil, or administrative investigation into a person or to impose civil, criminal, or administrative liability on any person for the mere act of seeking, obtaining, providing, or facilitating reproductive healthcare that is lawful under the circumstances in which it was provided.

Under the rule, regulated entities that receive requests for reproductive healthcare information related to law enforcement, judicial, or administrative purposes must obtain a signed attestation from the requestor to verify that the rule does not prohibit the use or disclosure of the reproductive healthcare information. The rule allows for healthcare providers to presume the healthcare provided was lawfully under the circumstances it was provided unless they have actual knowledge to the contrary.

The rule puts regulated entities in the difficult position of deciding whether to comply with a state law requirement to disclose information or the HIPAA privacy prohibition.

In addition, regulated entities must revise their notice of privacy practices to reflect the rule changes and also to address proposed changes made in the NPRM for the Confidentiality of Substance Use Disorders which were finalized in connection with this rule.

Listen as our panel discusses the final rule's requirements for HIPAA-covered entities, health plans, and their business associates and under what circumstances they are prohibited from disclosing reproductive healthcare information.

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Outline

  1. Final HIPAA privacy rules
    1. Covered entities
    2. Revised definitions
    3. Prohibited uses and disclosures
    4. Rule of applicability
    5. Attestation
    6. Notice of privacy practices revisions
    7. Enforcement, compliance timeline, and other key issues
  2. Impact on group health plans
    1. Preparing for compliance
    2. Documentation that must be updated in light of the final rule
    3. Relationship to information blocking regulations
  3. Practitioner takeaways and best practices

Benefits

The panel will review these and other important considerations:

  • Who is covered by the final rule?
  • Under what circumstances does the final rule prohibit the disclosure of reproductive healthcare information?
  • When may regulated entities presume that the reproductive healthcare that was provided was lawful under the circumstances?
  • What is the attestation requirement in the final rule?
  • What revisions to notice of privacy practices are required by the final rule?

Faculty

Szabo, David
David S. Szabo

Partner
Locke Lord

Mr. Szabo represents hospitals, integrated delivery systems, physician organizations, home care companies and other...  |  Read More

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

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