Latham is "top notch, and from day one they made us feel like their number one client. They are always prompt, timely and willing to discuss important matters quickly."
 – Chambers USA 2018

HIPAA Counseling

The HIPAA Counseling Practice at Latham & Watkins assists organizations with monitoring and responding to US federal and state medical privacy statutory and regulatory developments.

Complying with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a balancing act between protecting patients’ personal health information held by covered entities and disclosing the same if needed to provide critical patient care. Latham’s healthcare lawyers offer the full range of services to assist healthcare clients in complying with HIPAA, as well as comparable state medical privacy and security laws, including: 

  • Advising covered entities and business associates on organizational approaches to comply with HIPAA’s privacy, security and electronic data interchange rules
  • Advising on structuring new business models and transactional relationships to comply with HIPAA, and HIPAA-related due diligence, in connection with corporate transactions
  • Developing HIPAA compliance programs and strategies
  • HIPAA counseling, including risk-management and litigation strategies 
Tailored Advice and Preventive Measures

The firm’s lawyers develop training materials and participate in training sessions for all levels of healthcare leadership and employees, including: 

  • Billing staff
  • Boards
  • Executive teams
  • HIPAA-implementation task forces
  • Management teams
  • Medical and other professional staff
  • Sales and marketing staff 

Clients rely on Latham’s experience for specialized counseling in connection with “high-risk” activities such as research and marketing. The firm’s lawyers also help to prepare and review HIPAA documents, including: 

  • Business associate agreements
  • Chain-of-trust agreements
  • Compliance checklists
  • Notices of privacy practices
  • Patient authorization forms
  • Privacy and security policies, and procedures
  • Trading partner agreements
  • Other model documents 

In addition, Latham’s HIPAA lawyers have conducted an in-depth analysis of federal pre-emption of certain state medical privacy laws, and are ready to assist organizations in monitoring and responding to federal and state medical privacy statutory and regulatory developments. 

 
 
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