Health lawyers who represent physician practices must know how to keep their clients HIPAA-compliant as non-compliance has resulted in civil money penalties and fines as high as $16 million. In addition to this, attorneys who practice criminal, personal injury, medical malpractice, disability, and family law often need health information. Lawyers and law firms may also be business associates of their healthcare clients. As a result of the HITECH Act changes to HIPAA, business associates are now subject to the same criminal and civil liability as are healthcare practices and must, by law, follow the Security and Privacy Rules.

In this practical webinar, you will learn how the Health Insurance Portability and Accountability Act of 1996 (HIPAA) affects lawyers and their paralegals who often perform tasks, such as drafting subpoenas, which now must be HIPAA-compliant when health information is sought.
Among other things, you will learn how to obtain Health related information from clients and colleagues, as well as how to obtain it from adversaries who may not want to release health information, using HIPAA as a shield to prevent discovery. You will also explore key differences in noting when a healthcare practice is a business associate and when a personal injury firm is not.

Beyond this, the Security Rule portion of the webinar will provide health lawyers with the required knowledge to ensure their clients are compliant. The Privacy Rule portion will assist lawyers with ensuring the proper use and disclosure of health information and affording patients their HIPAA rights. Finally, you will receive detailed guidelines on how to effectively represent HIPAA clients who are the target of a Health and Human Services (HHS) investigation.

Upon course completion, you will be able to:

  • Describe and outline the basics of HIPAA and its Security and Privacy Rules.
  • Watch for the civil and criminal penalties for violating HIPAA.
  • Predict how HIPAA lawsuits may arise in federal and state courts.
  • Ensure that your healthcare clients are compliant so as to avoid civil money penalties.
  • Avoid areas of noncompliance that are most likely to result in a large civil money penalty.
  • Determine whether or not your law firm is a business associate that must comply with HIPAA and respond accordingly.
  • Subpoena health information in one of three ways.
  • Represent a client who is the target of an HHS investigation.
Faculty Member
Jonathan Tomes

Jonathan P. Tomes, J.D. with Highest Distinction, is an experienced criminal, health law, personal injury, and medical malpractice attorney who is AV-rated by Martindale-Hubbell. He is the author of more than 60 books, almost all of which were health law related, including The Compliance Guide to HIPAA and the DHHS Regulations, Mental and Behavioral Health and HIPAA: an Uneasy Alliance, How to Handle HIPAA and HITECH Breaches, Complaints, and Investigations, among others. He has authored a like number of articles including “20 Plus Years of HIPAA and What Have We Got?” Quinnipiac Health Law Journal, vol. 22:3: 39-106 (2018). He has given legal opinions on HIPAA issues, represented clients being investigated for HIPAA violations, testified as an expert witness on HIPAA issues, has given more than 1,000 seminars on HIPAA, and has consulted for more than 1,000 healthcare entities such as Genzyme, the Alabama Department of Mental Health and Mental Retardation, and Wayne County, MI to one-clinician practices. He blogs weekly to keep clients and others up-to-date on compliance issues at Jon Tomes HIPAA Compliance Blog.

CLE Credits (Law)

Credit Value Type Format
NALA - - Credit not available
NFPA - - Credit not available
AL 1.3 General
On-Demand/Recording
AK 1.25 General
On-Demand/Recording
AR Not Available General
On-Demand/Recording
AZ 1.25 General
On-Demand/Recording
CA 1.25 General
On-Demand/Recording
CO 1.5 General
On-Demand/Recording
CT 1.25 General
On-Demand/Recording
DE 1.3 General
On-Demand/Recording
FL 1.5 General
On-Demand/Recording
GA 1.3 General
On-Demand/Recording
HI 1.25 General
On-Demand/Recording
IA 1.25 General
On-Demand/Recording
ID 1.25 General
On-Demand/Recording
IL 1.25 General
On-Demand/Recording
IN 1.3 General
On-Demand/Recording
KS Not Available General
On-Demand/Recording
KY 1.25 General
On-Demand/Recording
LA 1.3 General
On-Demand/Recording
ME 1.25 General
On-Demand/Recording
MN 1.25 General
On-Demand/Recording
MO 1.5 General
On-Demand/Recording
MS Not Available General
On-Demand/Recording
MT 1.25 General
On-Demand/Recording
NC 1.25 General
On-Demand/Recording
ND 1.25 General
On-Demand/Recording
NE 1.25 General
On-Demand/Recording
NH 1.25 General
On-Demand/Recording
NJ 1.5 General
On-Demand/Recording
NM 1.2 General
On-Demand/Recording
NV 1 General
On-Demand/Recording
NY 1.5 General
On-Demand/Recording
OH 1.25 General
On-Demand/Recording
OK 1.5 General
On-Demand/Recording
OR 1.25 General
On-Demand/Recording
PA 1 General
On-Demand/Recording
RI 1.5 General
On-Demand/Recording
SC Not Available General
On-Demand/Recording
TN 1.25 General
On-Demand/Recording
TX 1.25 General
On-Demand/Recording
UT 1 General
On-Demand/Recording
VA Not Available General
On-Demand/Recording
VT 1.25 General
On-Demand/Recording
WA 1.25 Law and Legal Procedure
On-Demand/Recording
WI 1.5 General
On-Demand/Recording
WV 1.5 General
On-Demand/Recording
WY 1.25 General
On-Demand/Recording

In some CLE states, the course will be submitted to the bar after you register. If for any reason the course is not approved, we will fully refund your registration fee. If a state is listed on this course, then we are confident the course fits that state's standards and already is or will be approved for credit.

Compliance Credits

Credit Value Type Format
CCB 1 On-Demand/Recording

For Compliance courses, we have listed the credit we believe this course is eligible for. After completing the course, you will receive instructions for submitting the course to the Compliance Certification Board (CCB). This education activity has not been submitted to the Compliance Certification Board (CCB)®for review or approval of its educational content. Please [email protected] directly regarding the applications and documentation necessary to submit applicable compliance related education to CCB for their review.

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Can I still receive Continuing Education Credits if I view the webinar recording instead of the live presentation?

In most cases, the answer is yes. Recorded webinars are not eligible for CLE credit in the following states: AR, KS, MS, NE, and RI. In all other jurisdictions, recorded programs are eligible for credit. In addition, CPE credit is not available for recorded webinars. Please note that recorded webinars are only eligible for a certain period of time based on the jurisdiction. To ask about your specific type of Continuing Education Credit or the requirements in your jurisdiction, please call us at 703-372-0550 or contact us.

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