Erin Dunlap Provides Insight on Overturned HIPAA Penalty for Healthcare Risk Management

Erin Dunlap Discusses Recognized Security Practices for Complying with HIPAA Safe Harbor Law in Healthcare Risk Management

Although the 2021 HR 7898 HIPAA Safe Harbor law grants entities some protection against hefty HIPAA penalties, there are security nuances that risk managers and compliance officers must consider. Erin Dunlap provided Healthcare Risk Management with insight into how organizations can leverage security and risk management practices to reduce penalties from HIPAA-related investigations. HIPAA-covered entities have some flexibility in determining their recognized security practices, but Erin recommended they consider the NIST framework and HHS cybersecurity guidance for healthcare entities. Organizations that can show compliance with these industry-recognized standards and approaches in the previous 12 months may see a favorable termination of an investigation or may be granted leniency toward fines and penalties by the U.S. Department of Health and Human Services, Office for Civil Rights. With a...

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Scott Bennett Helps In Business Readers Prepare for Pending Consumer Privacy Laws

Sam Coppersmith and Malvika Sinha Outline Components of a Successful DEI Program for In Business

As more companies prioritize diversity, equity and inclusion (DEI), many wonder what such programs should include. In an In Business cover story highlighting companies with strong DEI initiatives, Sam Coppersmith and Malvika Sinha share how Coppersmith Brockelman attracts diverse attorneys and helps them thrive. Sam discusses how the firm welcomed diversity of viewpoints and experiences long before DEI emerged, highlighting how hiring outstanding lawyers who looked, acted and thought differently led to a majority-female partnership with flexibility for personal and family choices that attracts new talent. He believes becoming more diverse and inclusive has helped the firm improve and expects diversity will increase as junior lawyers recruit their peers. Malvika provides perspective of how some DEI programs can negatively impact female associates and associates of color by...

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Amanda Coulter Cautions Against Site Indemnification of Sponsors in WGC CenterWatch

With clinical trials for non-COVID-19 drugs and devices picking up, WGC CenterWatch turned to Amanda Coulter for insight into terms community hospitals and physician groups should avoid when negotiating agreements to be sites for clinical trials. Indemnification is a particularly contentious issue, and Amanda counsels her clients to reject sponsors’ requirements for counter-indemnification. Although some sites agreed to such unfavorable obligations in clinical trials agreements during the height of the pandemic, Amanda advises sites to be vigilant against continued use of these unfavorable terms, warning against “spring fever plus COVID fatigue.” In addition to developing research compliance policies and processes, template forms, and template agreements, Amanda reviews and negotiates clinical trial agreements, confidentiality agreements, data use agreements, business associate agreements, and federal grants and subcontracts. Read the full...

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John DeWulf and Kristen Rosati Repeat as AzBusiness Top 100 Lawyers

When AzBusiness published its 2022 list of the Top 100 Lawyers in Arizona, both John DeWulf and Kristen Rosati were included. Both have made the list multiple times:  John for seven years and Kristen for six. Highlighting top-performing attorneys in the state, the annual list recognizes lawyers who have had an impact on their law firm, the communities they serve and the legal profession as a whole. AzBusiness’ editorial team and industry experts choose John, Kristen and the other top 100 attorneys from a pool of more than 1,000 candidates. Selections are based on the lawyers’ professional success and ratings. John is highly regarded among clients and colleagues for his successful commercial litigation practice, where he handles complex trials, hearings and other matters before state and federal...

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Jill Chasson Highlights Need for Anti-Harassment, Conflict of Interest Policies in Arizona Capitol Times

Jill Chasson Outlines Key ADA Medical Data Privacy Requirements in DataGuidance

With COVID-19 and the Omicron variant affecting many employers’ timing and conditions for bringing some or all employees back to the office, OneTrust Data Guidance turned to Jill Chasson for insight into important COVID-19 legal provisions and privacy considerations. Because employers may have access to employees’ screening, testing and vaccination medical information, it’s important to understand Americans with Disabilities Act (ADA) confidentiality requirements. Jill outlines steps employers must take to separate and protect medical information, as well as limited exceptions. She also addresses reasonable accommodations employers may need to make to reduce COVID-19 risk for employees with medical conditions or disabilities. Well versed in the many federal and state laws that govern the workplace, Jill regularly conducts internal investigations and works with employers to resolve difficult workplace issues....

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Erin Dunlap Provides Insight on Overturned HIPAA Penalty for Healthcare Risk Management

Erin Dunlap Guides Healthcare Risk Management Readers Through Revising HIPAA Patient Access Policies If Proposed Changes are Finalized

Following proposed changes to the HIPAA Privacy Rule from the U.S. Department of Health and Human Services (HHS) that left health plans and covered healthcare providers wondering how to prepare, Healthcare Risk Management turned to Erin Dunlap for insight. Explaining that patient access will be a key area of focus, Erin outlined eight ways patient access policies will need to be revised if HHS finalizes the changes. Erin also noted that revisions to a covered entity’s notice of privacy practices will also be necessary if the changes are finalized and urged plans and providers to prepare and budget for significant policy work and training. A nationally recognized expert in health care data privacy and security, Erin regularly advises organizations working in the health care space on a...

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