Pro Te: Solutio - Vol. 4, No. 2 - May 2011


In this issue: Proof of Knowledge (Or Participation or Intent) Not Required; State Security Breach Notification Laws; and Coming Soon: HIPAA Gets a Facelift.

Many in the industry have watched with concern the increasing numbers of criminal prosecutions of healthcare executives for corporate fraud. Proof of Knowledge (or Participation or Intent) Not Required explores the Federal Government’s use of United States v. Park and the “Responsible Corporate Officer” doctrine to prosecute and exclude corporate healthcare executives. Given this environment and its serious implications for healthcare executives as well as the industry, considerations for procedures and compliance issues are suggested. Also provided is timely advice on how to minimize the risk of potential liability.

Another area of increasing risk is security breaches and how well or poorly a company responds when breaches happen. Forty-six states have statutes that direct what must be done when a breach occurs, and a company can face substantial fines for not complying with these statutes. State Security Breach Notification Laws gives in-depth analysis of how states have come to deal with security breaches as well as citations to all of these statutes.

Our final article is a preview of things to come. The HIPAA regulations that we have been following for years will be changing soon. As we await the final regulations, Coming Soon: HIPAA Gets a Facelift will give you a glimpse into what to expect.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Butler Snow LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.