Webinar Details

HIPAA and Proposed Changes for 2023


Speaker

Speciality

HIPAA and Compliance Conference

Available

All Days

Duration

60 minutes


Description

After the Supreme Court officially published the Dobbs v. Jackson Women's Health Organization decision on June 24, 2022, the federal Health and Human Services published two guidance documents related to the privacy of reproductive health care information.

The first guidance document identified how HIPAA currently applies to the privacy of reproductive health care information, emphasizing that it permits but does not require disclosures.

The second guidance document clarified that HIPAA does not apply to health information on consumer devices or stored with most consumer apps, which is otherwise the existing HIPAA laws.

In April 2023, the HHS proposed an amended HIPAA rule to bolster and implement this informal guidance into law.  In addition to reproductive health confidentiality, general prohibitions were updated, attestation requirements were amended, definitions were changed, and law enforcement requests were clarified.

In addition, changes to notices of privacy practices were included in these proposed changes that affect all health care practitioners. Other various changes were made, yet HHS could have chosen other proposals to implement.

In conclusion, these proposed changes for 2023 will involve the next steps for covered entities and business associates alike.

Areas Covered:-

  • Introduction to federal regulatory Process and Comment rulemaking
  • Overview of proposed HIPAA Privacy Rule changes for 2023
  • Examination of existing guidance
  • Updated general prohibitions
  • Attestation requirements
  • Changes to definitions
  • Law enforcement requests
  • Changes to notice of privacy practices
  • Other various changes
  • Alternative changes, not made-yet
  • Next steps for Covered Entities and Business Associates

Conclusion: Avoiding risk and liability with best practices to anticipate HIPAA changes for 2023 but not yet in effect

Background:-

The background for this topic is an introduction to HIPAA and guidance on upcoming, proposed changes for 2023.

Why Should You Attend:-

The Department of Health and Human Services published proposed amendments to HIPAA to further safeguard the privacy of reproductive health care information in 2023.

The proposed amended HIPAA rule prohibits using and disclosing this information for specific criminal, civil, and administrative investigations and proceedings where reproductive health care is legal in the state that it was provided or under federal law.

This HIPAA update would preempt contrary state law in these narrow situations.  For 2023, there are also proposed corresponding changes, such as to the requirements for notices of privacy practices and requiring attestations for specific requests for information potentially related to reproductive health care.

Learn the latest on this emerging HIPAA topic as these proposed amendments wind their way into law in 2023. Erase the fear, uncertainty, and doubt about tackling the new legal landscape of HIPAA for these proposed 2023 changes.

Discover what you need to know about how to apply HIPAA changes for 2023 – and deal with those outcomes effectively.

Who Should Attend:-

  • Healthcare law attorneys
  • Licensed healthcare practitioners in private practice in mental health and in physical medicine
  • Medical directors of health facilities
  • Office managers and medical directors of private medical offices
  • Healthcare managers and executives
  • Corporate counsel in healthcare administrators
  • University faculty in healthcare and medical records
  • Allied health professionals in graduate-level medical education across the many healthcare professions
  • Corporate compliance officers
  • Human resource directors and departments

Registration Options

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Recording $199
Recording & Transcript $399
Transcript $199
DVD $209
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Mark R. Brengelman became interested in law when he graduated with both Bachelor’s and Master’s degrees in Philosophy from Emory University in Atlanta. He earned a Juris Doctorate from the University of Kentucky College of Law.  Mark became an Assistant Attorney General in Kentucky in the area of administrative and professional law as the assigned counsel and prosecuting attorney to numerous health professions licensure boards.

He retired from the state government, became certified as a hearing officer, and opened his own law practice, including working as a legislative agent (lobbyist).

As a frequent participant in continuing education, Mark has been a presenter for over thirty national and state organizations and private companies as the:

Kentucky Bar Association
Kentucky Office of the Attorney General
National Attorneys General Training and Research Institute, and
Federation of Associations of Regulatory Boards.
This also includes multiple, national healthcare organizations, including:

Association of State and Provincial Psychology Boards
Federation of State Boards of Physical Therapy
National Council of State Boards of Nursing
National Association of State Emergency Medical Services Officials
National Association of State Contractors Licensing Agencies, and
American Association of Veterinary State Boards

Mark was the founding presenter for “Navigating Ethics and Law for Mental Health Professionals,” a continuing education training approved by five Kentucky mental health licensure boards.  He also founded “The Kentucky Code of Ethical Conduct:  Ethical Practice; Risk Management, and; the Code of Ethical Conduct” as an approved, state-mandated continuing education for social workers offered as a video-on-demand.

Mark has now worked for all three branches of state government has worked since June 2018 as the Enforcement Counsel for the Kentucky Legislative Ethics Commission, an independent regulatory body that oversees 138 elected state legislators and nearly 800 registered lobbyists.  Continuing as an ethics attorney, Mark is also the contract counsel for the Ethics Commission of the Louisville Metro Government, a city and county merged government, the largest city in Kentucky, and the 45th largest metropolitan statistical area in the United States.

Mark focuses on representing health care practitioners before licensure boards and in other professional regulatory matters and representing children as Guardian ad Litem and parents as Court Appointed Counsel in confidential child dependency, neglect, and abuse proceedings and termination of parental rights proceedings in family court.