HIPAA Investigations
Fenton Nelson regularly advises clients on issues related to HIPAA, the Health Insurance Portability and Accountability Act. Our Los Angeles HIPAA lawyers assist clients by ensuring their compliance with security and privacy requirements for healthcare information. We regularly implement compliance plans particular to the business entity's needs, from physician groups to long-term care facilities, as well as entities with unique legal privacy requirements and issues, such as mental health services agencies and drug treatment centers. When necessary, we defend investigations and enforcement actions relating to HIPAA violations. We have even been asked to advise governmental entities on unique issues such as the application of HIPAA and related state law to novel areas, such as medical marijuana dispensaries.
As a result of the Health Information Technology for Economic and Clinical Health ("HITECH") Act of February 2009, the scope of accountability for ensuring the privacy of protected health information (PHI) has extended beyond healthcare providers to their business associates, and even to the subcontractors of those business associates. Fenton Nelson also advises on compliance with HIPAA Administrative Simplification Rules, including the Privacy and Security Rule. We advise clients on how to implement administrative, physical, and technical safefguards for electronic PHI (known as e-PHI) and we help develop and implement compliance plans consisting of policies and procedures and training of responsible personnel.
Although the term "HIPAA" has become synonomous with patient privacy, California healthcare providers need to be equally concerned with CMIA, the Confidentiality of Medical Information Act. Together, these two laws address not only patient privacy requirements, but also electronic standardization, security, and other requirements governing the handling and transmission of health information.
Federal and California law have significant differences in the area of patient privacy. With respect to coverage for example, HIPAA privacy and security rules apply to "covered entities," which include healthcare providers who transmit healthcare information in electronic form (using a standard transaction), healthcare clearinghouses (e.g. billing companies), and health plans. CMIA, by contrast, has a far broader scope of coverage. In many areas, CMIA is actually more stringent than HIPAA in establish safeguards for patient privacy.
Fenton Nelson counsels providers in determining whether they are HIPAA and CMIA compliant and in responding to allegations of noncompliance by state and federal regulators. We have assisted numerous providers with developing compliant notices and practices in their practices.
We also regularly respond to patient complaints concerning the handling of private information, and have defended lawsuits and administrative disciplinary actions involving these issues.
