HIPAA

HIPAA, in existence since 1996, establishes various protections, standards, and requirements for the transmission, storage, and handling of certain electronic healthcare information in all facets of the industry, both public and private. A second part to HIPAA, HITECH, extends the scope of HIPAA to directly regulate business partners, increase penalties for the breach of unsecured personal health information and establish safe harbors for securing information through encryption software. Butzel Long attorneys that focus their legal practice on healthcare and, more specifically, HIPAA are focused on and committed to providing legal and consulting services for those who must comply with HIPAA regulations and laws. Our team members are experts on HIPAA compliance issues enforcement actions, training and legal threats.

Our clients range from established medical institutions, to leading corporations and universities, to healthcare startups. They include medical providers, technology companies, group health plans, TPAs, health-related marketers and benefits managers, to name a few. Our professionals work with each client to develop an understanding of HIPAA issues specific to their unique needs. Members of Butzel Longs HIPAA team have assisted clients with developing contractual language regarding HIPAA business associate agreements, undertaken risk management and loss allocation strategic planning and implementation, conducted risk analysis for disclosures of unsecured protected health information triggering notice requirements, advised on remediation actions in the event of a breach, developed appropriate policies and procedures and trained relevant members of the work force, advised software developers on certification requirements, and provided general counsel advice to HIPAA privacy and security officers. Our healthcare attorneys can help with gap analysis and the remediation of gaps, as well as advise on operation issues and state and federal law privacy related complaints.

Butzel Longs HIPAA team has extensive experience in representing business associates of HIPAA covered health providers, health plans and clearinghouses whose functions involve the use or disclosure of health information. HITECH has accelerated the push from hard copy to electronic medical records (EMR) and the development of regional health information exchanges and expanded broadband infrastructure. Several members of Butzel Longs HIPAA team have experience as computer engineers and in-house counsel for EMR software developers and private and public high speed Internet providers. Our attorneys can utilize their extensive technical, industry, and legal expertise to help clients make the transition from paper to electronic systems and processes, maintain HIPAA compliance during transition, and keep the workforce trained and up-to-date. At Butzel Long, our attorneys take a practical approach in crafting HIPAA compliant solutions to their clients privacy related issues.

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  • Draft and develop policies and train corporations and university personnel on HIPAA policies and procedures, including the HITECH amendments and compliance procedures for securitizing PHI and the data breach notification requirements.