HIPAA 2025: What Every Attorney Needs to Know About Privacy, Security, and Sanctions

Overview: 

This course reviews developments in the HIPAA landscape over the last five years with an emphasis on the previous twelve months. 

The course, tailored for legal professionals will include legal, regulatory, and case law with an eye to the implications for risks, revenue and responsibilities that are emerging.

Over the past 12 months, significant changes have been introduced, including the proposed HIPAA Security Rule updates and the vacatur of the HIPAA Reproductive Health Care Privacy Rule. These changes have substantial implications for the healthcare sector, necessitating a thorough understanding of the new requirements.

Participants will also learn about surprising developments, such as the OCR's recent guidance on online tracking technologies and the dramatic surge in data breaches. These trends highlight the evolving nature of healthcare privacy and the need for legal professionals to stay informed and proactive.

The course will cover significant financial and risk implications, including aggressive OCR enforcement actions and the regulatory impact analysis of the proposed security rule. Additionally, it will address new responsibilities imposed on clinicians and their attorneys, such as mandatory compliance audits and enhanced risk analysis requirements. 

Effective approaches for communicating with mental health professional will be reviewed, along with misconceptions and gaps in knowledge that are often encountered.

By the end of this course, participants will be well-equipped to navigate the complex landscape of HIPAA regulations and protect their clients' interests.

Extensive additional educational materials and resources for HIPAA news and further exploration will be provided.

Course Objective: 

• Understand the latest updates in HIPAA regulations as well as how law, case law, and regulations have developed over the past five years. 
• Recognize the responsibilities and risks imposed upon clinicians, related organizations and their attorneys by these sometimes surprising developments, such as the OCR's guidance on online tracking technologies.
• Analyze the financial and risk implications of HIPAA-related developments such as the aggressive OCR enforcement actions.
• Prepare to address the current state of major responsibilities, including mandatory compliance audits and enhanced risk analysis requirements and the differences between large organizations and small practices.
• Develop strategies to mitigate potential risks for clients as they navigate the evolving HIPAA landscape.
• Communicate effectively with mental health professionals while addressing misconceptions or gaps in their knowledge.

Target Audience: 

• Legal professionals who may be responsible for major clinical organizations or small practices in healthcare, including mental health services. 
• Healthcare attorneys representing providers, payers, or business associates, In-house counsel in hospitals, health systems, insurers, or health tech companies, Regulatory and compliance attorneys focusing on data privacy, cybersecurity, or digital health, Litigators involved in data breach, whistleblower, or HIPAA enforcement cases

Basic Knowledge:

Prior knowledge of HIPAA is not necessary, as the introduction will provide a brief overview and the syllabus will provide additional definitions and resources.