About the Course
Introduction
This CLE course will guide healthcare counsel in determining whether and when to include indemnification provisions in business associate agreements (BAAs). The panel will offer best practices for drafting and negotiating indemnification provisions.
Description
Many covered entities and business associates consider indemnification critical. Business associates are directly liable under HIPAA, and covered entities view indemnification provisions as additional protection. Business associates, as well as covered entities, use them to allocate or mitigate their risk.
Not all BAAs contain indemnification provisions and, when included, these clauses vary and can generate heavy negotiation. Often, however, parties (particularly business associates) enter into BAAs without recognizing the significance and potential variations of indemnification terms.
Before deciding whether to include or exclude indemnification provisions and their scope, healthcare counsel should weigh various considerations. For example, will such a provision adversely impact insurance coverage, limit liability, or unfairly shift costs? When designing indemnification provisions, counsel should consider the consequences of state law, whether a court will interpret a unilateral provision as reciprocal, how the provisions interact with the terms of the underlying contract, and whether the provisions incorporate appropriate controls if breach notification issues arise.
Listen as our authoritative panel of healthcare attorneys discusses whether and when to include indemnification provisions in BAAs, variations in the scope of indemnification, and the factors counsel should consider when making those determinations. The panel will offer alternatives and best practices for negotiating and structuring these provisions.
Presented By
Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and transactional matters. He represents physicians and other healthcare providers and organizations in structuring group practices, joint ventures, ambulatory surgery centers, provider networks, and physician / hospital affiliations, as well as arrangements to provide professional and ancillary services, telehealth, chronic care management, remote patient monitoring, and physician in-office dispensing. Mr. Hindman also assists healthcare providers and businesses with potential compliance challenges, including compliance with the Stark physician self-referral law, federal and state anti-kickback laws, and corporate practice and fee-splitting restrictions.
Ms. Leopard is a veteran health IT attorney at the intersection of healthcare, technology, and innovation. For over 25 years, she has guided healthcare providers, payors, and innovators through complex regulations, designing technology and data-sharing solutions that safeguard patients, data, technology assets, and intellectual property while mitigating privacy and security risks. Ms. Leopard helps clients leverage technology for innovative applications across the AI life cycle to transform regulated healthcare data into scalable, responsible AI solutions. She offers strategic guidance on enterprise governance and risk management, contracting and procurement, regulatory and product counsel, data rights, interoperability, and government enforcement. Ms. Leopard holds MIT Sloan’s AI in Health Care certificate, which covers AI assurance, risk stratification, transparency, and bias mitigation from concept to deployment. Her decade in hospital leadership provides valuable operational insight, and an early internship at the U.S. Justice Department shaped her regulatory counsel. Ms. Leopard has dedicated her career to health law, serving as secretary and board member of the American Health Law Association and chairing its Health IT Practice Group.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, September 1, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Whether and when to include indemnification provisions
II. Considerations when determining whether and how to include indemnification provisions in a BAA
III. Best practices for negotiating and structuring indemnification provisions
The panel will review these and other high priority issues:
- What factors should counsel consider when determining if an indemnification provision is appropriate for a BAA?
- What approaches should counsel use to protect a client's interests when drafting and negotiating an indemnification provision?
- What are some best practices for counsel when structuring indemnification provisions in BAAs?
Related Courses
Structuring Indemnification Provisions in Business Associate Agreements: Allocating Risk in Healthcare Contracting
Tuesday, September 1, 2026
1:00 PM ET/10:00 AM PT
Direct-to-Consumer Prescription Drug Models: Recent HHS-OIG Guidance, Enforcement Trends, Emerging Business Models
Thursday, July 23, 2026
1:00 PM ET/10:00 AM PT
AI in Healthcare M&A: Regulatory Risks, Due Diligence, and Deal Considerations
Available On-Demand
