HIPAA - Correctional Facility Concerns and Coverage

Jonathan P. Tomes, J.D., is Keynote Speaker at Compliance Key. He is a health care attorney practicing in the greater Kansas City. He is a nationally recognized authority and expert witness on the legal requirements for health information. Jonathan P. Tomes is a healthcare attorney, consultant, educator, author and expert witness. He is a leading expert on the Health Insurance Portability and Accountability Act of 1996, particularly its Security and Privacy Rules. He also has litigated medical malpractice cases, defended doctors in revocation of licensure and credentialing proceedings, reviewe........


This two-hour webinar will cover when is a correctional facility a covered entity that must comply with the Health Insurance Portability and Accountability Act of 1996 and its Security and Privacy Regulations (HIPAA); what is a business associate and what is (a) their liability for HIPAA violations and (b) what must they do to comply with HIPAA to avoid that liability; what HIPAA's Security and Privacy Rules require that may be applicable to a business associate; what is an inmate for HIPAA purposes; what differences in HIPAA patient rights apply to inmates; HIPAA problem areas, such as cell door consults, mental health problems and AIDS issues; and what remedies do inmates have for HIPAA violations, including complaints to the Office for Civil Rights (OCR) of the Department of Health and Human Services (DHHS) and lawsuits under 42 United States Code § 1983 or the AIDS Confidentiality Act. The webinar will conclude with a 30 minute question and answer session.

Why should you attend this webinar?

Many correctional facilities qualify as covered entities that must comply with the Health Insurance Portability and Accountability Act (HIPAA) by virtue of either qualifying as a provider of healthcare services to inmates or as a health plan for having a plan for inmate health services.

Thus, they must comply with HIPAA's Privacy and Security Rules. But HIPAA has specific provisions for inmates, such as authorized disclosures of inmate protected health information (PHI) to protect the inmate, other inmates, and correctional staff. Knowing what protections HIPAA affords inmates and what ones are denied them because of their correctional status is key to avoiding liability.

Areas Covered in the Session:

  • Introduction: What is HIPAA and How Does it Apply to Correctional Facilities? 
  • Overview of HIPPA: What Information Does it Protect and How? 
  • Who Does HIPAA Protect? 
  • What are the Penalties for Non-compliance with HIPAA? 
  • What is a Correctional Facility for HIPAA Purposes? 
  • What is an Inmate for HIPAA Purposes? 
  • What Correctional Facilities Qualify as Providers or Health Plans for HIPAA Purposes? 
  • What HIPAA Privacy Rights Apply to Inmates? 
  • What HIPAA Privacy Rights do not Apply to Inmates? 
  • HIPAA's Right of Use or Disclosure of Inmate Health Information for the health and safety of inmates, officers, or staff; and for administration and maintenance of the safety, security, and good order of the correctional institution. 
  • Problem Areas: 
    • Cell door consults. 
    • Mental health issues. 
    • HIV Status.  
  • Inmate Remedies for Alleged Privacy Violations. 
    • HIPAA Complaints. 
    • 42 U.S.C. § 1983 Lawsuit. 
    • State Court Lawsuit. 
  • Conclusion and Question and Answer.

Who can Benefit:

  • HIPAA-Hitech
  • General Healthcare
  • Healthcare IT & Data Security
  • Law & Audits

Webinar Id: LSHCJPT013

Training Options:

Duration: 120 mins

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 $301 (Single Attendee)  $699 (Unlimited Attendee)

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