Young Moore attorneys represent health care providers, including hospitals, long term care facilities, home health agencies, specialty hospitals, physicians, and physician practices, as well as individual officers and employees of such companies, in regulatory and compliance issues
In addition, our attorneys offer our clients the advantages of a multidisciplinary business law firm, with counsel available in the areas of litigation, corporate law, regulatory and administrative law, employment, employee benefits, estate planning, wealth preservation, and real estate.
Young Moore regularly hosts health care educational seminars as a service to the medical community. Click here to sign up to receive information regarding these events.
Health Insurance Portability and Accountability Act of 1996 (HIPAA) was created to improve the efficiency and effectiveness of the health care systems. All health care providers who submit claims electronically are required to comply with HIPAA rules that mandate compliance in three key areas: (1) privacy; (2) security; and (3) electronic transactions.
The Health Information Technology for Economic and Clinical Health Act (HITECH) was signed into law on February 17, 2009 as part of the American Recovery and Reinvestment Act of 2009 (ARRA). The Act was created to motivate health care providers to adopt the use of electronic health records (EHRs) and supporting technology. HITECH introduced financial incentives to encourage providers to switch from paper to electronic records and tougher penalties for HIPAA compliance violation. It also mandated security audits. Read more
Young Moore’s experienced team of health care attorneys regularly prepares and conducts health care privacy and security related training for our health care clients, including academic medical centers, health systems, hospitals, long term care facilities, home health agencies, specialty hospitals, physicians, and physician practices. Our team is equipped to provide such training through in-person or remote sessions and can craft appropriate and relevant training to fit each client’s specific needs. Our attorneys also regularly review existing training materials and update the materials to reflect changes in federal or state law, HHS guidance, issues discovered during audits or reviews, and any other relevant developments.
Office of Civil Rights (OCR)
Young Moore’s team is experienced in defending a wide variety of Section 1983 Civil Rights Litigation claims on behalf of individual employees and health care providers. In the context of health care, the firm skillfully handles Section 1983 deliberate indifference claims arising from the provision of health care in local, State and Federal prisons. Attorneys have handled numerous cases in the District Courts of North Carolina and Virginia, as well as handled appeals in the United States Court of Appeals for Fourth Circuit and the Supreme Court of the United States. Attorneys have also argued before and extensively briefed cases in Federal District Court and the Fourth Circuit Court of Appeals. The firm also has valuable experience in the defense of lawsuits alleging violations of various Constitutional rights, including Equal Protection claims, First Amendment, procedural and substantive Due Process claims and religious freedom matters.
Young Moore’s team also advises and represents covered entities and business associates in investigations brought by OCR and states attorneys general. Young Moore works with its clients to respond and mitigate privacy and security related incidents that may implicate federal and state breach reporting and notification requirements. Our team has experience implementing corrective action plans to ensure compliance with HIPAA Privacy and Security Rules, including through review and update of policies and procedures, provide training to workforce and management, and conduct enterprise-wide privacy and security risk assessments.
Electronic Medical Records (EMR)
Young Moore attorneys are experienced in health care technology and practical issues arising from the implementation of Electronic Health Records (EHR). Our attorneys are equipped with the knowledge to assist providers with regulatory compliance and also anticipate and resolve issues that may arise in a litigation context. Our team has extensive experience with the unique operational EHR issues faced by health care providers and understands the time commitment required by providers for successful EHR implementation.
Healthcare Privacy and Data Security
Young Moore’s experienced team of health care attorneys counsels clients on compliance with state and federal privacy and security regulations affecting the health care industry. Clients regularly rely on our firm’s expertise to assist with matters involving the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic Clinical Health Act (HITECH), 42 C.F.R. Part 2, and the North Carolina Identity Theft Protection Act.
Members of the firm’s Health Care Privacy and Security Compliance team have experience providing legal services to clients in health care privacy and security compliance matters, including:
- HIPAA Privacy, Security, and Breach Notification policies and procedures
- Workforce and management training via in-person and remote sessions
- Privacy and Security risk assessments and audits
- Incident response and mitigation
- Breach assessment, reporting, and notification
- Investigations by the Office of Civil Rights (OCR) and states attorneys general
- Patient complaints, patient right of access, appropriate use and disclosure of PHI, and document retention and destruction
- Business associate agreements and data use agreements
- Notice of Privacy Practices
- Health information management, medical records, release of protected health information (PHI), and HIPAA-compliant authorizations and forms
OSHA Every medical and dental practice is required by law to provide a safe workplace for their employees and to maintain compliance with the ever-changing regulations set by OSHA that apply specifically to medical hazards, risks and safety procedures. From the handling of blood to the GHS label requirements to hand-washing, fire prevention, and respiratory hygiene, is your practice fully compliant?