HIPAA and the Federal Trade Commission- Recent Developments from Regulators and Case Law



“Cybersecurity is patient safety” is a phrase that has been promoted by Senator Warner and the American Hospital Association alike. The Health Insurance Portability and Accountability Act of 1996 (HIPAA), which is enforced by the U.S. Department of Health and Human Services – Office for Civil Rights (HHS-OCR) and the Federal Trade Commission Act and Health Breach Notification Rule, which are enforced by the Federal Trade Commission (FTC) serve to protect the privacy and the security of both patient and consumer individually identifiable health information (IIHI) and protected health information (PHI) in both electronic and non-electronic forms.

In today’s landscape where cyber-attacks are increasing more pernicious, it is imperative that persons have an effective compliance program, which includes comprehensive training on HIPAA and cybersecurity, annual risk analyses, data encryption, business associate agreements, and substantive policies and procedures. Additionally, data tracking, obtaining patient and/or consumer consent, and reproductive health post-Dobbs are all areas of emphasis for a variety of federal and state government agencies and Congress.

The purpose of this training webinar is to provide the participant with tools to implement in order to avoid HIPAA and FTC violations, as well as provide a comprehensive explanation of HHS OCR and the FTC’s areas of enforcement, as well as recent class actions.

Learning Outcomes:
  • Reinforce why cybersecurity is patient safety
  • Learn the interplay between HIPAA, the HITECH Act and the 21st Century Cures Act
  • Appreciate HR 7898 and ways to mitigate penalties government enforcement actions
  • Understand privacy concerns post-Roe in the Dobbs era
  • The Federal Trade Commission’s role in protecting data
  • Consumers versus patients
  • Continued relevance of the Privacy Rule, Security Rule & Breach Notification Rule
  • The criminal side of HIPAA and aggravated identity theft
  • Risk mitigation strategies
  • The importance of an annual risk analysis
Areas Covered in the Session:
  • Security Rule
  • Privacy Rule
  • HR 7898
  • Cybersecurity
  • Healthcare as a critical infrastructure
  • Recent cases
  • Recent government enforcement actions
  • Data tracking
  • Consent versus authorization
  • Congressional Items
  • Live Q&A session
Recommended participants:
  • Hospital Executives – CEOs, COOs, CFOs, CNOs, and CMOs
  • Other Healthcare Provider Executives
  • Healthcare provider Board Members
  • Attorneys representing health care providers and practitioners, and
  • Chief compliance officers
  • Government Organizations
  • Defense Counsel
  • Relator’s Counsel
  • Compliance Officers
  • Billers and Coders
  • Cybersecurity Professionals & Consultants
  • Anyone in Healthcare
Presenter Biography:

Rachel V. Rose, JD, MBA successfully advises and represents clients on healthcare, cybersecurity, securities, and qui tam compliance, transactional, litigation, and government enforcement matters. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics. She has served as a consultative expert and testifying expert, as well as being often quoted in publications.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award. Ms. Rose also attained a Certificate in Negotiation and Leadership from Harvard University.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she serves as a Director on the FBA’s National Board, is a Member of and the Immediate Past Chair of the Federal Bar Association’s Government Relations Committee, an Advisory Board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations? She is extensively published and presents on a variety of matters related to her practice.

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100 and The Nation’s Top One Percent. Ms. Rose was awarded 1st Healthcare Compliance’s 2019 and 2022 Top Presenter Award. In 2023, she was selected for SuperLawyers (healthcare).

Additional Information:

After registration, You will receive an email with login information and handouts (presentation slides) that you can print and share with all participants at your location.

System Requirement:
  • Internet Speed: Preferably above 1 MBPS
  • Headset: Any decent headset and microphone which can be used to talk and hear clearly
Can’t Listen Live?

No problem. You can get access to an On-Demand webinar. Use it as a training tool at your convenience. For more information, you can reach out to the below contact: Toll-Free No: +1 800-757-9502 Email: cs@waymoreeducation.com