Preemption analysis is required to vet HITECH breach standards against state law requirements.
When you have, or are experiencing, a potential breach of data what exactly, and which laws require you to do anything about it? There are state laws that identity theft or breach laws and regulations and while applicability varies, they usually extend to any business, including a government entity that handles individually identifiable personal information. The definition of that varies as well. This video reviews state law breach statutes, the Federal Trade Commission and health privacy, and the HITECH breach rule.
Agenda
Faculty
Helen Oscislawski, Esq.
Attorneys at Oscislawski LLC
- Founding partner, Attorneys at Oscislawski LLC
- Corporate and regulatory attorney whose practice focuses almost exclusively on advising and representing health care clients
- Recognized nationally for her substantial experience with and understanding of legal issues that arise with the use of electronic medical records and networked health information exchange
- In 2008, Governor Corzine appointed her to the New Jersey Health Information Technology Commission to fill the seat reserved by statute for an attorney practicing in this state with demonstrated expertise in health privacy in 2010, Governor Christie reappointed her to the commission, and she also served as the chair of New Jersey’s Privacy and Security Committee
- Over the course of her career, she has completed complex legal analyses regarding patient consent issues, privacy standards, security breach response, and other patient-data related challenges
- Known to many as a go to attorney on HIPAA, health information exchange and technology, and legal advice relating to health care data breaches
- Currently advises some of the most sophisticated organizations in the nation on all aspects of managing patient privacy and legal risk resulting from data breaches
- Who’s Who 2017 Top Lawyer, and is also recognized as a Lawyer of Distinction, a designation granted to only the top 10% of attorneys in the nation
- Speaks regularly at various national events on these topics, as well as maintains a popular blog called Legal HIE, www.legalhie.com
- Can be contacted at 609-385-0833 ext.1 or [email protected]
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