Cloud Computing in Healthcare: HIPAA and State Law Challenges: Important Considerations for Corporate, Healthcare and Technology Lawyers
Program Number: 2251
Program Date: 10/10/2012
Description
Health care organizations are rapidly moving their data and applications to the cloud. With the HITECH Act's incentives for electronic health records, hospitals, physician practices, and other providers are on the face track to implement new IT systems. Cloud computing offers the opportunity to achieve this objective quickly and with lower IT costs. However, transitioning to a cloud computing environment is not without significant risk. Hospitals, physician practices and other health care entities are subject to a myriad of privacy and security requirements under HIPAA and state laws, and these laws differ by jurisdiction. Counsel to hospitals and physicians must carefully negotiate business associate agreements with cloud computing vendors that include clear indemnity, security, and data use and data return provisions. Assuring the “cloud” is located in a U.S. jurisdiction and allocating responsibility for a data breach between the provider and cloud computing vendor are key issues in contracting with a cloud provider. In this presentation, Matt Karlyn and Leeann Habte of Foley & Lardner LLP discuss some of the more significant privacy and security issues that arise during negotiations with cloud providers and how to effectively negotiate such terms, including: data privacy and security issues, service levels and availability, risk allocation and mitigation, insurance, backup and disaster recovery, and data retention.
Available in states
Arizona, California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study
Credit Information
50 minute credit hour - 1.0 General CLE credit
60 minute credit hour - 1.0 General CLE credit
State Program Numbers
Program Categories
Computer, Internet & E-Commerce Law
Corporate and Commercial Law
Data Security and Outsourcing
Florida Eligible
Health Care Law
In-House Counsel
Privacy and Data Security
Privacy Law
Technology Law
Presenters
M. Leeann Habte, Esq. Foley & Lardner LLP |
M. Leeann Habte, Esq. is an associate with Foley & Lardner LLP and a member of its Health Care Industry Team and Privacy, Security & Information Management Practice. She is also a Certified Information Privacy Professional. A former director at UCLA and the Minnesota Department of Health, she has practical experience in developing and implementing health care data privacy and security policies and procedures, managing IT resources, and human subjects’ protection compliance. Ms. Habte has advised a variety of health care clients, including hospitals, health plans, medical device companies, pharmacies, and electronic health record (EHR) and other computer software companies. In addition to her law degree, Ms. Habte holds a Masters degree in mass communications. |
Matthew A. Karlyn, Esq. Foley & Lardner LLP |
Matthew A. Karlyn, Esq. is a partner with Foley & Lardner LLP, where he is a member of its Information Technology & Outsourcing practice group and its Privacy, Security and Information Management practice group. He has extensive experience with transactions related to outsourcing and information technology including business process outsourcing, IT outsourcing, HR outsourcing, legal process outsourcing, technology licensing, cloud computing, systems integration and software development. He also advices companies with respect to privacy, security and information management matters, compliance with federal and state laws, and drafting and implementing privacy and security policies and standards. In addition to his law degree, Mr. Karlyn has a MBA from the University of Chicago, and he has been selected for inclusion in the 2012 Massachusetts Super Lawyers Rising Stars list, an honor given to the top 2.5% of Massachusetts lawyers under the age of 40. A frequent speaker and writer in the area of information technology and outsourcing (for a complete listing of his publications and speeches, see http://www.foley.com/people/bio.aspx?employeeid=27862), he can be reached via email at: mkarlyn@foley.com. |
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