Dianne J. Bourque: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Dianne J. Bourque

Phone617.348.1614

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Experience & Credentials
 

Practice Areas

  • Health Law
  • Privacy & Security - HIPAA Compliance
  • Clinical Trials & Research
  • Life Sciences
  • Privacy & Security
  • Cybersecurity Risk Management
  • Health Care
 
Contact InfoTelephone: 617.348.1614
Fax: 617-542-2241
Internet: Each Attorney's Internet Address takes the following form: first initial, last name @mintz.com (e.g., rmintz@mintz.com)

http://www.mintz.com/professionals/detail/name/dianne-j-bourque
 
University Boston College, B.A., 1989; Suffolk University, M.P.A., 1999
 
Law SchoolSuffolk University, J.D., 1999
 
Admitted1999, Massachusetts
 
Biography

Dianne advises a variety of health care clients on a broad range of issues, including licensure, regulatory, contractual, and risk management matters, and patient care. A large part of her practice involves counseling researchers and research sponsors in matters related to FDA and OHRP regulated clinical research, including patient consent, access to and use of tissue and associated patient information, and the Institutional Review Board process. In addition, Dianne currently serves as a Vice Chair of AHLA's Health Care Reform Education Task Force.

She also counsels health care clients and other business entities on the requirements of the HIPAA Privacy Rule and Security Standards, including new requirements under the HITECH provisions of the American Recovery and Reinvestment Act of 2009 (ARRA), and state-imposed medical privacy laws. She regularly assists clients with the implementation of HIPAA-mandated policies and procedures, privacy audits, third-party requests for information, and review of HIPAA-related contracts and forms. She has successfully defended clients in both civil and criminal HIPAA enforcement actions and regularly assists clients with the management of data breaches and other losses of protected health information.

Before joining Mintz Levin, Dianne was an associate staff attorney at the Lahey Clinic, where she provided general counsel services to medical, professional, and administrative staff. She also served as counsel to the Institutional Review Board, the Ethics Committee, the Intellectual Property and Technology Transfer Committee, and the Genetics Advisory Board. Before joining the Lahey Clinic's legal staff, she worked in the research administration department. Her responsibilities included drafting a regulatory compliance manual detailing laws of concern in basic, clinical, and animal research, continually reviewing relevant regulations to ensure compliance for institutional programs, and researching and advising clients on a broad range of regulatory matters.

Before entering law school, Dianne was a freelance writer and editor for Compliance Engineering Magazine, and served as a special projects manager and a public information coordinator for the Massachusetts Water Resources Authority.

Dianne was the first Suffolk University law student to graduate with a concentration in Health Care and Biomedical Law. She formally served as an adjunct professor at Stonehill College, teaching an undergraduate Health Care Law course.

Newsroom
• Quoted in Conn. Ruling Expands HIPAA Liability for Medical Providers, Law360 ( 11.10.2014 )
• Quoted in Dangers Lurking in the EHR Cloud, Medical Practice Insider ( 10.06.2014 )
• Quoted in Preparing HIPAA BAs, Subcontractors for 2014 OCR Audits, Health IT Security ( 11.14.2013 )
• Quoted in OMG! How Many of Our Hard Drives Are Out There?, Healthcare Risk Management ( 09.24.2013 )
• Quoted in Photocopiers Seen as HIPAA Risk After $1.2 Million Payout, Healthcare Risk Management ( 09.24.2013 )
• Quoted in HIPAA Revisions Arrive Amid Lingering Confusion, Law360 ( 09.20.2013 )
• Quoted in One Month Until HIPAA Omnibus Compliance: Current Trends, Health IT Security ( 08.26.2013 )
• Quoted in EHR Transition Causes Its Own Headaches, American Medical News ( 08.05.2013 )
• Quoted in Lawyers Debate Impact of Obama HIPAA Initiative on Gun Control, Reuters ( 05.20.2013 )
• Quoted in HIPAA Omnibus Rules Already Influencing Covered Entities, HealthITSecurity ( 04.16.2013 )
• Quoted in 5 HIPAA Blunders to Avoid At All Costs, Law360 ( 04.15.2013 )
• Quoted in 11th Circ. Ruling Charts HIPAA Preemption Road Map, Law360 ( 04.12.2013 )
• Quoted in 7 Steps to Get HIPAA-Compliant Now, Law360 ( 03.27.2013 )
• Quoted in Will HIPAA Omnibus Subcontractor Rules Reduce Data Breaches?, Health IT Security ( 01.29.2013 )
• Quoted in Final HIPAA Final Rule Stricter than Interim Regulation on Data Protection, InsideHealthPolicy.com ( 01.23.2013 )
• Quoted in HIPPA Update will Shake up Marketing, Fundraising Efforts, Law360 ( 01.23.2013 )
• Quoted in Medical Privacy Rules Get an Update, Associated Press ( 01.23.2013 )
• Quoted in What 2013 Holds for the Healthcare Workforce, AMN Healthcare ( 01.23.2013 )
• Quoted in HHS Data-Scrubbing Guidance Backs Strict Privacy Definitions, Law360 ( 11.29.2012 )
• Quoted in Stage 2 Meaningful Use Success Rests on 3 Elements, American Medical News ( 10.22.2012 )
• Quoted in Hospitals Face Tougher Fraud Scrutiny Amid Shift to E-Records, Law360 ( 09.25.2012 )
• Quoted in Concerns Raised about Stage 2 Measures beyond Physicians' Control, PhysBizTech ( 08.30.2012 )
• Quoted in Impact of Stage 2 Meaningful Use Rules to be Big, But Surprises are Few, Search HealthIT ( 08.28.2012 )
• Quoted in Docs Face Tricky Task in Patient Access E-Records Goals, Law360 ( 08.27.2012 )
• Quoted in Feds Give Break in Electronic Health Records, Computerworld ( 08.24.2012 )
• Mintz Levin Attorney Dianne J. Bourque to Speak at Cable Television Laboratories, Inc. “Face to Face” Conference, ( 07.12.2012 )
• Mintz Levin Elevates Seven Attorneys to Members of the Firm, ( 04.25.2012 )
• Mintz Levin Attorney Dianne J. Bourque to Present at National HIPAA Summit West, ( 09.20.2011 )
• Quoted in Texas Law Gives More Privacy Than HIPAA, Law360 ( 09.19.2011 )

Publications
• Co-author, Breach Notification Rule Risk Assessments - Applying the New Breach Notification Standard under the HIPAA Omnibus Rule, ABA Health E-Source ( 07.17.2014 )
• Author, HIPAA Omnibus Rule Compliance Checklist for CEs, BAs, Health IT Security ( 11.16.2013 )
• Co-author, The New HIPAA Omnibus Rule & Your Liability, Advisory ( 02.15.2013 )
• Co-author, Finally! HHS Office for Civil Rights Releases HIPAA Omnibus Rule with Sweeping Changes to Compliance Requirements and Enforcement, Health Lawyers Weekly ( 02.01.2013 )
• HIPAA Omnibus Rule Reference Chart, Health Law Alert ( 01.22.2013 )
• Co-author, Finally! HHS Office of Civil Rights Releases HIPAA Omnibus Rule With Sweeping Changes to Compliance Requirements and Enforcement, Privacy & Security HIPAA Compliance Alert ( 01.18.2013 )
• Co-author, Attorneys Detail BYOD Issues in Health Care, HealthData Management ( 09.24.2012 )
• Author, New FDA Research Consent Form Requirements Now Effective, Health Law Alert ( 03.08.2012 )
• Author, How ACOs Will Use and Disclose Protected Health Information While Complying with HIPAA, Health Care Reform Advisory ( 04.27.2011 )
• Co-author, FDA to Begin Revamping the 510(k) Medical Device Review Program, Life Sciences Advisory ( 01.25.2011 )
• Co-author, CMS Issues Proposed Rule Addressing Enhanced Program Integrity Requirements, Health Care Reform Advisory ( 09.30.2010 )
• Co-author, New Proposed HIPAA Rules May Benefit Researchers, Health Law Advisory ( 08.09.2010 )
• Co-author, New Proposed HIPAA Rules May Benefit Researchers, Life Sciences Advisory ( 08.09.2010 )
• Author, Finally! HHS Issues Proposed Rule Implementing Changes to the HIPAA Privacy, Security and Enforcement Rules under HITECH, Employment, Labor & Benefits Health Law Advisory ( 07.13.2010 )
• Co-author, The HITECH Act: Is Your Organization Ready for Implementation?, G-2 Compliance Perspectives ( 04.01.2010 )
• Co-author, Comparative Effectiveness Research Proposals: Potential Implications for Stakeholders, Health Care Reform Advisory ( 01.04.2010 )
• Co-author, HHS Issues Interim Final Rule Implementing Civil Penalty Provisions of HITECH Act, Health Law Employee Benefits Executive Compensation Alert ( 11.04.2009 )
• Co-author, Department of Health and Human Services Issues Proposed Regulation Updating the HIPAA Privacy Rule for Changes under the Genetic Information Nondiscrimination Act of 2008, Employee Benefits Executive Compensation Health Law Advisory ( 10.23.2009 )
• Co-author, DOL, Treasury and HHS Issue Joint Interim Final Rule under Title I of the Genetic Information Nondiscrimination Act of 2008 (Relating to Group Health Plans and Health Insurance Issuers), Employee Benefits Executive Compensation Health Law Advisory ( 10.16.2009 )
• Co-author, HHS Issues Rules Relating to Breach Notification and Related Items under the HITECH Act, Employee Benefits Executive Compensation Health Law Advisory ( 08.26.2009 )
• Co-author, OHRP Publishes New Registration Requirements for IRBs, Health Law Alert ( 01.16.2009 )
• Author, Issues and Trends in the Regulation of Genetic Testing, Health Care Law Monthly ( 11.2008 )

Speaking Engagements
• Speaker, Impact of the New HIPAA HITECH Regulations, International Foundation of Employee Benefit Plans, Webinar (08.13.2013)
• Speaker, 8 Weeks Until the HIPAA Omnibus Rule Compliance Date - How to Make the Most of your Time, 8 Weeks Until the HIPAA Omnibus Rule Compliance Date - How to Make the Most of Your Time, Mintz Levin Health Beat Webinar Series, Webinar (07.23.2013)
• Speaker, Business Associate Agreements and the New HIPAA Rule, Strafford Publications, Webinar (03.19.2013)
• Speaker, The New HIPAA Omnibus Rule & Your Liability, Mintz Levin, Webinar (01.30.2013)
• Speaker, Using Expert Determination and Safe Harbor Methods to De-Identify PHI, De-Identifying Protected Health Information, Strafford Publications, Webinar (01.29.2013)
• Speaker, Portable Electronic Devices in Healthcare: Latest Legal Threat for Providers, Strafford Publications, Webinar (12.11.2012)
• Speaker, HIPAA and State-Imposed Privacy and Security Laws, CableLabs, Cable Television Laboratories, Inc., Louisville, CO (07.16.2012)
• Speaker, HIT's ACO Developments, American Health Lawyers Association, Webinar (06.23.2011)
• Speaker, Privacy & Security Under HIPAA / HITECH in an Era of Heightened Enforcement, Mintz Levin, Webinar (06.01.2011)
• Panelist, Re-Evaluate Compliance Controls Applicable to Clinical Research Activities, Medical Device and Diagnostic Compliance Congress, CBI (06.08.2010)
• Speaker, Legal Aspects of Medical Tourism, Latin America Global Medicine and Wellness Congress (04.27.2010)
• Moderator, Diseases of Aging, MassBio Annual Meeting & Vendor Expo, MassBio, Boston, MA (03.31.2010)
• Speaker, Pardon Me, But Your Data Is Showing!, Society for Health Care Risk Management Winter Conference (02.26.2010)
• Speaker, Numbers You Should Know: 201 CMR 17.00 - Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth, Numbers You Should Know: 201 CMR 17.00 - Massachusetts Standards for the Protection of Personal Info, New England Corporate Counsel Association, Boston, MA (11.04.2009)

 
ISLN920976539
 

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Notes from the Joint OCR/NIST HIPAA Security Conference
Dianne J. Bourque,Kimberly J. Gold,Kate F. Stewart,Stephanie D. Willis, October 2, 2014
As a service to our readers, we have distilled last week’s joint HHS Office of Civil Rights (OCR) andNational Institute of Standards in Technology (NIST) conference, “Safeguarding Health Information: Building Assurance through HIPAA Security” into three phrases: (i) risk...

Massive Data Breach Affects 4.5 Million Patients in 29 States
Dianne J. Bourque,Julia M. Siripurapu, September 1, 2014
Community Health Systems, Inc. (the “Company”), one of the largest hospital organizations in the country, announced via a public filing (Form 8K) made yesterday with the Securities and Exchange Commission (“Report”) that the Company was the target of a cyber attack that...

Five Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance
Dianne J. Bourque,Stephanie D. Willis, July 3, 2014
Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information (Breach Report); and (ii) the Annual Report to Congress...

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Office Information

Dianne J. Bourque


BostonMA 02111




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