Health Information Privacy & Security

Hooper, Lundy & Bookman attorneys have represented clients in all aspects of federal and state patient privacy and security laws – from core privacy and security regulations implemented by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) through expanded privacy and technology issues brought about by the HITECH Act, the FTC’s Red Flags Rule and state breach notification laws.

We help health care providers and suppliers evaluate whether they are covered by HIPAA, state privacy and security laws and other federal patient privacy statutes. When covered, either directly or indirectly as business associates of covered entities, we help them develop compliant policies and procedures, contracts and work force training programs.

We also provide health care providers of all types – from national hospital chains to individual physicians – with guidance and legislative assistance on evolving patient privacy and security laws and regulations. Our firm has been represented on the California Privacy and Security Advisory Board (CalPSAB) and has helped clients submit comments on proposed federal privacy regulations.

In view of recent regulatory actions, we currently assist clients in evaluating potential HIPAA breaches and in securing patient information, evaluating whether notice of the breach is required and assisting them in developing mitigation strategies when a violation has occurred.

In addition, we have extensive experience in drafting for clients the full array of HIPAA agreements, such as business associate agreements, limited data use agreements, authorizations and notices of privacy practices. We advise regularly on state privacy laws, HIPAA preemption issues, issues associated with health information exchanges and data licenses.

The firm’s attorneys also provide advanced implementation training to health care providers. As an example, we provided training to CHA members concerning California’s efforts to enhance HIPAA protection under SB 541, shortly after it was enacted. We were also the first firm in California to assist hospitals with breach notifications under SB 541.