Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) presaged a profound change in the business of health care. A nearly four-year period of regulatory gestation culminated in the dissemination of HIPAA regulations that mandate uniform formats and coding for electronic health care transactions, such as insurance eligibility determinations and claims presentments and payments. To protect electronically transmitted patient information, the U.S. Department of Health and Human Services also promulgated regulations relating to the privacy of patient data and requiring security mechanisms and practices to deter unauthorized access, use or disclosure. Baker Donelson's Health Law Department attorneys have mastered HIPAA's intricacies to provide authoritative counsel to health care clients as they undertake the demanding compliance burdens of the Act and its rules. The three main categories of such services are:

• Assessing and implementing HIPAA compliance plans, including on-site visits as required;
• Providing legal services for covered entities, including employee training; and
• Providing legal services for vendors and service providers (business associates).

Services Available

Assessment and Implementation of HIPAA Compliance Plans

• Assessment Stage: Perform gap analysis, legal analysis, business practices identification and review company policies and procedures
• Strategy and Design Stage: Perform strategy and opportunity identification, prepare action plan, reassess information systems and advise on new security protections strategy
• Deployment Stage: Help deploy resources to implement action plans
• Implementation Stage: Assist in creating plans for implementation, including employee training

Legal Services for Covered Entities

• Meet with and present seminars to executives, review company business models and determine applicability of HIPAA requirements
• Employee Training
• Provide customizable forms needed for compliance with HIPAA
• Develop and negotiate Business Associate Agreements
• Act as complete resource for specific questions on HIPAA
• Advise on litigation avoidance planning and strategies
• Advise on insurance and risk management issues

Legal Services for Vendors and Service Providers (Business Associates)

• Meet with and present seminars to executives, review company business models and determine applicability of HIPAA requirements
• Review and develop vendor and service provider contracts for HIPAA specific issues
• Review privacy and security procedures of vendor or service providers
• Advise on litigation avoidance and planning strategies
• Advise on insurance and risk management issues