Seemingly, every week brings another report about breaches and other violations of the Privacy and Security Rules of the Health Information and Portability Act of 1996 (HIPAA) and state privacy laws. Regulatory scrutiny of healthcare delivery and health information uses and disclosures by regulatory agencies has increased and healthcare providers and health plans are accordingly at increased risk of significant financial penalties and loss of business reputation in the event protected data are lost. Barton, LLP offers HIPAA and state law compliance counsel aimed at cost-effective management of information and communications to mitigate compliance and litigation risk while increasing information use efficiency. These services include:
- Guidance and counsel for the performance of HIPAA Security Risk Assessments, including documentation of the Assessment required by HIPAA and HITECH.
- Facilitation of work groups comprising the relevant stakeholders (Marketing, Risk/Compliance, Legal, IT and Business Owners) and counsel for the drafting of privacy and security policies and procedures.
- Preparation of training materials with regard to privacy, security and social media policies and procedures, and delivery of training sessions (in formats such as classroom, on-line, or train-the-internal-trainers).
- Preparation for and counsel with regard to audits (i.e., HIPAA, F.D.A.) of social media protocols and activities.
- Representation in regulatory proceedings or litigation that may arise from social media activities.
- Current status assessments and reports (which may be protected from disclosure by attorney-client privilege) with regard to existing social media activities and initiatives, with recommendations as to compliance with applicable laws, rules and regulations.