Get the inside scoop on:
HHS’ Guidance on Use of Online Tracking Technologies, and AHA’s letter to OCR pushing back on the Guidance;
How the definition of PHI and IIHI are being interpreted by HHS;
How to leverage HIPAA’s De-identification Safe Harbor;
OCR’s “checklist” for investigating CEs for HIPAA violations in connection with use of online tracking technologies; and
Compliance options with continued use of online tracking tools.
(1 pre-approved CLE credit available for NJ attorneys).
MISSED MY WEBINAR? DOWNLOAD THE POWERPOINT HERE!
In June of 2022, The Markup published an expose in which its investigative reporters alleged they found 33 of Newsweek’s “top 100 hospitals in America” had a tracker called “Meta Pixel” installed on their websites which was sending Facebook a packet of data whenever a person clicked on certain buttons. Once the public became aware of The Markup article, what followed was nothing short of chaos. Hospitals scrambled to assess their obligations under HIPAA to report breaches of PHI (many did), dozens of class action lawsuits were filed (and continue to be filed against hospitals to date), OCR initiated HIPAA investigations of certain hospitals for the same reasons, and in December of 2022 HHS released its “Guidance on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” which has spurred even more controversy.
This Webinar will discuss certain compliance steps hospitals (as well as other similar health organizations) can take to attempt to manage the risks associated with use of technologies that include online tracking tools. Participants in this Webinar will gain a better understanding of the following:
- HHS’ Guidance on Use of Online Tracking Technologies
- “Protected Health Information” “Individually Identifiable Health Information” definitions
- HIPAA’s Deidentification Safe Harbor
- How to assess Breach notification obligations
- OCR’s “checklist” for investigating Covered Entities for HIPAA violations in connection with use of online tracking technologies
- Compliance options with continued use of online tracking tool
Participants will also gain access to a copy of the PowerPoint, a free checklist for compliance and a discount to be applied towards a subscription to the Legal HIE compliance library containing even more compliance tools, checklists, templates, sample policies and more.
MISSED MY WEBINAR? DOWNLOAD THE POWERPOINT HERE!
Speaker: Helen Oscislawski, Esq. is the Founder and Managing Partner of Attorneys at Oscislawski LLC with over two decades of experience in the healthcare industry. Helen has worked hand-in-hand with C-suite executives and in-house general counsel in the healthcare space and focuses her practice on HIPAA compliance, healthcare privacy and security, complex data-sharing arrangements, patient consents and federal and state regulatory compliance. She previously served as a governor-appointed member of the New Jersey Health Information Technology Commission and as Chair of its Privacy & Security Committee. Helen counsels several leading health information exchange organizations, hospitals and healthcare systems, and has substantial experience with assisting clients to navigate complex legal issues when responding to ransomware attacks, data breaches, OCR audit and complaint letters, and HIPAA compliance. She was selected Best Lawyers® “Lawyer of the Year” for Health Care Law in Princeton, New Jersey for 2022 and most recently 2024, a distinction awarded to one lawyer with the highest overall peer-feedback for a specific practice area and geographic region. She has also been selected every year since 2020 to a Super Lawyers® list for Health Care Law (issued by Thomson Reuters). In addition, every year since 2018, her law firm has also been included on the “Best Law Firms” in Health Care Law, Princeton, New Jersey (issued by Best Lawyers). Helen is admitted to practice law in New Jersey since 1999 and in Arizona since 2000. Her law partner, Krystyna Monticello, is also admitted to practice law in New York.
