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First Healthcare Compliance CONNECT December 2020

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Are class action cases something that should be considered as part of an enterprise risk management<br />

program?<br />

Yes. The financial, legal, and reputational costs can be great and need to be considered. A good example of<br />

a HIPAA data breach which led to both an HHS OCR enforcement action of $16 million and a class action<br />

lawsuit settlement in excess of $115 million is Anthem BlueCrossBlueShield. An article that I wrote for<br />

Physicians Practice details these issues – https://www.physicianspractice.com/view/class-action-lawsuitscan-result-from-a-protected-health-information-data-breach.<br />

Should business associates be familiar with the 21st Century Cures Act, as well as the ONC and<br />

CMS Final Rules?<br />

Yes. There is an intersection between HHS HIPAA App Guidance and the ONC<br />

and CMS Final Rules, in terms of patients accessing their data through apps. Be<br />

aware of unsecure apps and stay abreast of the compliance dates.<br />

Rachel V. Rose – Attorney at Law, PLLC (Houston, Texas) – represents clients<br />

on healthcare, cybersecurity, securities and qui tam matters. She also teaches<br />

bioethics at Baylor College of Medicine. She has been consecutively named by<br />

Houstonia Magazine as a Top Lawyer (<strong>Healthcare</strong>) and to the National Women<br />

Trial Lawyer’s Top 25. She can be reached at rvrose@rvrose.com.<br />

Be sure to look up a recording of this webinar on YouTube and a recording with Rachel on our podcast, 1st<br />

Talk <strong>Compliance</strong>. Take a look at our brand-new book: HIPAA Privacy and Security, and our online compliance<br />

training courses such as What is HIPAA?, and HIPAA Business Associate Agreements Under HITECH. And<br />

check out Rachel’s other blogs Q&A: HHS Final Rules, Patient Access to PHI & Health Apps Intersect, Recent<br />

HHS Guidance Underscores the Importance of HIPAA <strong>Compliance</strong> and Q&A: HIPAA and Health Apps.<br />

The Most Comprehensive<br />

<strong>Healthcare</strong> <strong>Compliance</strong> Course<br />

The Fundamentals is a user-friendly, four-module online course<br />

designed to help healthcare professionals understand the<br />

essential principles and practices of compliance.<br />

BUY COURSE NOW<br />

Contact Toll Free: 888-54-FIRST 9

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