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August 2016

San Diego Healthcare Team to Present at the State Bar of California Annual Meeting

Gordon & Rees partners Lindy Mullany and David Leatherberry have been selected to present a program titled "Medical and Health Care Privacy and Data Breach Compliance for Non-Health Care Clients and Their Attorneys," at The State Bar of California's 89th Annual Meeting on Saturday, October 1, 2016 from 10:30 a.m. to 12:00 p.m. Mullany and Leatherberry will be joined by Dignity Health's Matt Soskins, PhD, Esq., to deliver a presentation designed for attorneys who are not health lawyers but who must recognize when they are being confronted with protected health information ("PHI"), or need to advise clients on such issues. The presenting team will also share key privacy-related terms and penalties that can be assessed for non-compliance with applicable laws.

Mullany, Leatherberry and Soskins developed this presentation in recognition of increasing enforcement by the Office of Civil Rights (“OCR”) for the U.S. Department of Health and Human Services. In 2015 the OCR entered six settlements for violations of the Health Insurance Portability and Accountability Act (“HIPAA), totaling $5,100,000. As of July 18, 2016, the OCR had entered eight HIPAA settlements, totaling $12,014,800, more than double its settlements in 2015. 

The Health Care team will shed light on the myriad duties and obligations imposed under HIPAA, HITECH, CMIA, the California Health and Safety Code, and the California Administrative Code, as well as foreseeable contractual duties regarding the security and confidentiality of health information. This program will also provide an overview of the many sources of PHI including personal electronic devices, the requirements and circumstances of the laws and regulations that govern those, including law firms, that handle PHI, and reporting obligations that may be triggered upon the wrongful use or disclosure of PHI.

This continuing legal education program is one of 111 MCLE courses featured at this year's Annual Meeting, September 29-October 2, 2016, hosted at the Marriott Marquis San Diego Marina. For more information or to register for the 2016 State Bar of California Annual Meeting, please click here.

Linda Mullany is a partner in the Health Care practice group of Gordon & Rees, maintaining offices in San Diego and Phoenix. A Registered Nurse, her practice is devoted to advising and representing health care clients in corporate compliance matters, particularly HIPAA, HITECH and related privacy and data security issues. Additionally, Mullany's practice includes Stark and Anti-Kickback rules; the 340B program; regulatory compliance; litigation and business formation and transactions.

David Leatherberry is a partner with Gordon & Rees's Health Care practice group in San Diego and serves on the Health Law Committee of the California State Bar's Business Law Section. His practice is devoted to health care transactions, civil litigation, licensing, and regulatory matters. He regularly advises clients with regard to HIPAA, HITECH, CMIA and related privacy rules, Stark and Anti-Kickback rules, physician compensation and recruitment, and practice formation.

Linda H. Mullany