The Domino Effects of HIPAA/HITECH Policies & Enforcement on the Workforce -3 Webinar Series

This 3-webinar series explains how HIPAA and HITECH interact with employment laws and why worrying only about OCR and breaches is a big compliance mistake. The package qualifies for 3 CEs from IAPP.

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Each of these 60-minute webinars from 2012 will provide you and your colleagues throughout your organization with a working understanding of the non-HIPAA consequences of your HIPAA and HITECH Act policies.

Part 1, The Effects of HIPAA/HITECH Policies & Enforcement on the Workforce

This 60-minute webinar examined:

• The need for adequate and consistent employee training to defend yourselves in employment litigation;
• The reasonableness of sanctions stemming from a worker’s HIPAA violation;
• Recommended language to include in sanctions policies;
• What burdens of proof employers bear in an employment lawsuit involving a HIPAA violation;
• The value of maintaining that an employee is too important to fire because of a HIPAA violation;
• The effect of management knowledge of similar violations among other employees; and
• Where the HIPAA minimum necessary rule applies in disciplining employees.

Part 2, Employee Rights in HIPAA & Breach Investigations

This 60-minute webinar continued this examination and will brief you on;

• Conducting investigations of employees suspected of HIPAA violations;
• Employee access to PHI to defend themselves;
• The rights of whistleblowers in employment cases;
• How to deal with employees who report incidents as HIPAA violations to regulators when there is no violation;
• Unemployment compensation issues for terminated employees who violate HIPAA policies;
• Dealing with defamation charges made by employees because of alleged HIPAA violations;
• Issues to consider in reporting terminated employees to licensing boards for HIPAA violations; and
• Dealing with union requests for PHI.

Part 3, HIPAA and the Use of Computers & Social Media

This 60-minute webinar examines how HIPAA/HITECH Act policies and procedures affect employee rights and their use of technology, including:

• Employee use of corporate computers, smart phones and other computer equipment;
• Employer access to employee-owned equipment used for business; and
• The latest legal thinking on appropriate social medial policies for employees

THE FACULTY

Shannon Salimone, J.D., is a partner in the national law firm of Holland & Knight LLP, where she works as the regulatory and litigation leader of the firm's Healthcare & Life Sciences Team. She has spoken frequently on health care privacy and social media issues. She is co-chair of the ABA Health Law Section's programs executive committee and is a former Chair of its eHealth, Privacy and Security Interest Group.

Michael Prendergast, J.D., is a partner in the national law firm, Holland & Knight, where he leads the Labor and Employment Group in the firm's Jacksonville office and has represented private and public sector employers in employment litigation in state and federal court and before various administrative agencies. He is known for his practical approaches to employment issues. He has been nationally recognized as one best employment attorneys in the U.S. He is a frequent lecturer on employment issues, including ADA and FMLA issues as well as social media topics.

Jennifer Mansfield, J.D., is a partner, Holland & Knight, where she practices in the area of commercial litigation, with extensive experience in media law, and ERISA litigation. She has provided advice to clients on regulatory compliance and litigation avoidance arising from the use of social media, and has written articles regarding social media and the law. Ms. Mansfield is invited regularly to speak on media law topics, including legal issues that arise from social media.

Dennis Melamed, is editor and publisher of Health Information Privacy/Security Alert. He also is an adjunct professor at the Drexel College of Medicine where he teaches separate courses on health data stewardship and federal regulation of biomedical research. Dennis is also an occasional consultant on health data stewardship issues and has done work for a number of organizations, including the National Governors Association's State Alliance for E-Health, where he has co-authored two studies of privacy and security issues affecting HIE.