Since enactment of the Health Insurance Portability and Accountability Act (HIPAA) in 1996, numerous regulations and guidance documents have been issued to attempt to clarify its provisions. Despite these efforts, the law is anything but simple. HIPAA has a significant effect on the way business is conducted in the United States. If your organization is regulated by HIPAA, you will want informed legal counsel to advise you on the challenges. The HITECH Act of 2009, federal substance use disorder regulations (42 C.F.R. Part 2), the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission's (FTC) Health Breach Notification Rule for personal health records (PHRs), as well as state privacy laws, also impact how health information and other patient data may be used and disclosed.
The complex provisions of HIPAA and state privacy and security laws govern a vast spectrum of U.S. businesses. We have advised clientele in the following industry sectors:
Holland & Knight's Cybersecurity and Privacy Team has extensive experience in HIPAA and HITECH Act legal and security issues, with a national team of dedicated healthcare and privacy lawyers as well as a multidisciplinary approach that complements our healthcare knowledge with subject-matter leadership from across the firm.
Whether your matter involves privacy compliance assessments, breach response, training or HIPAA compliance documentation, our team has the substantive understanding of HIPAA law and other data privacy laws necessary to guide you through the maze.
HIPAA's shifting policy landscape is a critical factor that drives the need for continuous training. Our lawyers provide customized and comprehensive training programs that cover individual client policies, procedures, practices and business relationships, as well as the general HIPAA privacy and security standards. Our attorneys are also available to conduct in-person training seminars on privacy compliance matters.
Addressing the complex IT-related issues that have emerged from HIPAA and other data security laws requires specialized resources that may not be available inside your organization. Holland & Knight's experienced technology attorneys can assist you through the changes, advising you in areas such as the following:
Holland & Knight's Cybersecurity and Privacy Team provides the strategic legal counsel you need to respond proactively to continuously evolving requirements and to protect your business from unintended violations. Specific services include:
Ensuring compliance with HIPAA and the HITECH Act requires painstaking tracking and documentation. Our Cybersecurity and Privacy Team brings the right combination of legal resources to the task. We can help you:
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