Anthem Health, Excellus, Premera, UCLA Health and Medical Informatics Engineering – all hacked in 2015! The protected health information of more than 100 million people was breached. Despite HITECH, despite increased HIPAA enforcement, despite FBI warnings and, most perplexing of all, despite Target and Neiman Marcus, the healthcare industry was woefully unprepared for the cyber onslaught of 2015.
Healthcare providers, health insurers and health plans all have information that hackers and others with no right to such information want and want badly. That information is infinitely more valuable than an easily-changed credit card number. The healthcare industry must take action to protect itself.
In this course, David N. Crapo of Gibbons P.C. discusses: (i) the HIPAA Breach Notification Rule, (ii) the HIPAA Security Rule Risk Analysis, and (iii) developments in HIPAA Enforcement.
I. Grasp the nature of breaches and how they happen
II. Understand how to minimize the chance of a breach
III. Know how HIPAA is enforced directly by governmental entities and indirectly by private parties, as well as the various “sanctions” arising out of HIPAA enforcement
David N. Crapo has extensive experience in the fields of bankruptcy, debtor/creditor law, commercial law and healthcare. His experience includes the negotiation and preparation of loan agreements and pleadings in connection with debtor-in-possession financing and/or use of the cash collateral of financial institutions, and other lenders, as well as analysis of commercial, corporate and municipal bond transactions to assess bankruptcy and insolvency-related risks and to make recommendations for minimizing those risks.
Mr. Crapo has represented numerous clients in connection with HIPAA and healthcare privacy issues, including: (i) the drafting and updating of HIPAA compliance manuals; (ii) the impact of HIPAA, the HITECH Act and the Breach Notification Rule on transactions; and (iii) analyzing and drafting business associate agreements. Mr. Crapo has also evaluated and assisted in the structuring of transactions to meet the requirements of various anti-kickback laws and the Stark law. He has revised medical staff bylaws to meet changes in the Joint Commission standards and has prepared hospital access agreements. Consistent with his extensive experience in bankruptcy law, Mr. Crapo has represented creditors and potential purchasers of the assets of healthcare-related debtors.
He has written on healthcare related issues and is a co-editor of the newsletter of the Health Law Committee of the American Bankruptcy Institute. Mr. Crapo has also drafted numerous insolvency-related bankruptcy opinions in connection with corporate and municipal bond transactions and has authored or co-authored many articles on bankruptcy-related subjects.
To facilitate the development of the Gibbons Health Care practice, Mr. Crapo earned a LL.M. in Health Law and Policy.
Seton Hall University School of Law (LL.M, 2012)
University of Houston Law Center (J.D., with honors, 1984)
University of Wisconsin at Madison (M.A., 1979)
Boston College (A.B., summa cum laude, 1978)
State of Texas 1984
State of New Jersey 1991
United States District Court for the District of New Jersey 1991
United States District Court for the Southern District of New York 2003
United States District Court for the Northern District of Texas 1985
United States Bankruptcy Court for the District of New Jersey 1991
United States Bankruptcy Court for the Southern District of New York 2003
United States Court of Appeals for the Third Circuit 2000
United States Court of Appeals for the Second Circuit 2010
Member, Health Law, Secured Transactions and Bankruptcy Taxation Committees of the American Bankruptcy Institute
Member, American Bar Association, Health Law Section
Member, American Health Lawyers Association
Member, New Jersey State Bar Association, Bankruptcy Law and Health and Hospital Law Sections
Member, State Bar of Texas
Lecturer, ABA Taxation Division
Lecturer, Essex County Bar Association, Creditor/Debtor Committee
Lecturer, Bench-Bar Conference of the New Jersey State Bar Association Bankruptcy Law Section, tax-related issues in bankruptcy
Lecturer, Law Education Institute, Inc., National CLE Conference in Colorado (January 2002) (on bankruptcy-remote entities)
Very good explanation of the need for secure data, what happens in a breach and why these must be avoided.
Woul recommend if working in health law
Well done presentation.
Valued the supplemental materials.
Systematic review of a complex topic
Wow! Spectacular and EYE OPENING seminar. Very good materials and presentation. Perhaps this 90 minute seminar should be 2 hours. Or be able to be followed up with another 60 minute or 90 minute "Part II" seminar. Lots of information.
The speaker did an excellent job!