Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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Last Updated on: 21st October 2023, 09:01 am
The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for protecting sensitive patient health information. Healthcare providers can face civil or criminal penalties if they improperly access, use, or disclose protected health information (PHI).
Defense attorneys have an important role in advising clients on HIPAA compliance and representing them if regulators allege violations. This article provides an overview of how attorneys approach HIPAA-related cases.
If regulators find a covered entity violated HIPAA, it can face civil monetary penalties. Examples of noncompliance include:
More severe criminal penalties apply when someone knowingly obtains or discloses PHI without authorization. This requires clear proof the person knew their actions violated HIPAA.
To defend clients, attorneys must recognize noncompliance and understand regulators’ basis for alleging violations. They review the facts to identify any improper uses or disclosures of PHI and lapses in HIPAA compliance.
A key part of handling HIPAA cases is helping clients improve compliance going forward. Attorneys explain the Privacy and Security Rules’ requirements so clients can update policies and safeguards.
Proactive compliance helps demonstrate a client acted in good faith to follow HIPAA. It can also lead regulators to pursue corrective action instead of penalties.
If regulators send a notice of investigation or proposed penalties, the attorney crafts a response asserting defenses. Common arguments include:
The attorney negotiates with regulators to have claims dismissed or penalties reduced. Settlements often include a corrective action plan and monitoring to ensure future compliance.
Criminal prosecution requires proving the defendant knowingly obtained, used, or disclosed PHI in violation of HIPAA. Fines can reach $250,000 and imprisonment up to 10 years.
Defense counsel will argue the client acted in good faith without intent to violate privacy rules. Where evidence of intent is unclear, attorneys negotiate with prosecutors to avoid charges.
If charges are filed, counsel seeks dismissal by contesting improper intent. They may also pursue plea agreements with reduced penalties.
Individuals can also sue for HIPAA violations to recover damages. Common claims include:
Attorneys defend against lawsuits by contesting liability elements like duty, breach, and harm. They argue the defendant exercised proper care and plaintiffs cannot prove damages from the alleged violation.
Settlements can resolve cases without admissions of liability. HIPAA does not allow private suits for statutory damages, only actual damages.
Defending HIPAA cases requires understanding the law’s complex privacy and security standards. Counsel experienced with healthcare regulations are best suited to advise clients and challenge regulators’ allegations.
Vigilant compliance, prompt response to investigations, and assertive defenses are key to avoiding substantial penalties. Proactive risk analysis and training can also help prevent violations and enforcement actions.
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