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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Thursday, October 19, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide guidance to healthcare counsel on the legal risks and regulatory challenges of licensing health data. The panel will discuss the key provisions that should be included in health data licenses and will offer best practices for drafting licensing agreements to meet the regulatory requirements, safeguard the data, and minimize the risk of litigation.

Faculty

Iliana L. Peters
Shareholder
Polsinelli

Ms. Peters is recognized by the healthcare industry as a preeminent thinker and speaker on data privacy and security, particularly with regard to HIPAA, the HITECH Act, the 21st Century Cures Act, the Genetic Information Nondiscrimination Act (GINA), the Privacy Act, and emerging cyber threats to health data. For over a decade, Ms. Peters both developed health information privacy and security policy, including on emerging technologies and cyber threats, for the Department of Health and Human Services, and enforced HIPAA regulations through spearheading multi-million-dollar settlement agreements and civil money penalties pursuant to HIPAA. She also focused on training individuals in both the private and public sector, including compliance investigators, auditors, and State Attorneys General, on HIPAA regulations and policy, and on good data privacy and security practices. As a CISSP, Ms. Peters works hard to bridge the gap between legal requirements for the security of health data and security industry best practices, so that clients can better understand data security issues and jargon.

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Description

Sharing health data has many potential benefits. There are multiple regulatory potholes in the healthcare sector. Entities interested in licensing health data should consider whether their information sharing and intended activities comply with regulatory and privacy requirements. It is critical for counsel to carefully negotiate and craft the agreements for licensing health data to ensure compliance with HIPAA.

Health data licensing agreements should include provisions addressing privacy, confidentiality, exclusivity, indemnification, limitation of liability, and more. By understanding the critical clauses to include in these licenses--and the common pitfalls--counsel can effectively draft and negotiate agreements in their clients' best interests.

Listen as our authoritative panel of healthcare attorneys examines the legal risks and regulatory challenges of licensing health data. The panel will discuss the key provisions that should be included in health data licenses and will offer best practices for drafting licensing agreements to meet the regulatory requirements, safeguard the data, and minimize the risk of litigation.

Outline

  1. Legal risks in licensing health data
  2. Regulatory challenges
    1. HIPAA
    2. Privacy laws
  3. Key provisions in health data licensing agreements
  4. Best practices for drafting license agreements

Benefits

The panel will review these and other key issues:

  • What legal risks arise for healthcare entities that license health data?
  • What provisions are critical in health data licensing agreements to maximize rights to data and minimize legal risks?
  • What are counsel and healthcare entities' best practices when licensing health data?