The final rule is significant for any organization that is considered to be a HIPAA covered entity (“CE”) (health systems, health care providers, health plans, etc.) or the more broadly defined business associate (“BA”).  During our initial analysis of the final rule, we note significant changes to the way a breach is defined and we will be discussing some of those changes during a webinar on January 23, 2013. 

There are several ways CEs and BAs can prepare.  We have prepared a redlined version of the final rule as a way to help CEs and BAs sift through the changes and prepare for the March 26, 2013 effective date.  The Department of Human Services (HHS) Office for Civil Rights (OCR) has referred to these as “sweeping changes” that better enable them to “vigorously” enforce the HIPAA Privacy and Security Rules.

Authorship Credit:  Alan Pate & Michael von Ansbach-Young

Photo of Theodore J. Kobus III Theodore J. Kobus III

Ted Kobus stands at the forefront of cyber protection — no small role in an era defined by crippling data breaches and daily digital threats. He has earned authority in the areas of privacy, data security and cybersecurity, leading clients to entrust him…

Ted Kobus stands at the forefront of cyber protection — no small role in an era defined by crippling data breaches and daily digital threats. He has earned authority in the areas of privacy, data security and cybersecurity, leading clients to entrust him with more than 6,000 data breach responses. Businesses, government and other organizations turn to Ted for sound advice on compliance, developing response strategies, breaches implicating domestic and international laws, and defense of both class action litigation and regulatory actions. Notably, he has developed key relationships with the U.S. Department of Justice (DOJ), where he and his team have helped to establish protocols to protect corporate victims following a data breach. He knows the most proactive regulators involved in this space and interacts with them regularly.

Ted has led the defense to hundreds of regulatory investigations, including those brought by the Attorney General Multi-State, Department of Health and Human Services Office for Civil Rights, Departments of Insurance, SEC and FTC. In the healthcare space, Ted has defended more than 200 OCR investigations and has negotiated more privacy/security-related resolution agreements than any other lawyer.

Ted is consistently ranked in Chambers USA: America’s Leading Lawyers for Business, and he is one of only a handful of attorneys nationwide named an MVP by Law360 for Privacy and Consumer Protection. He is a regular contributor to BakerHostetler’s Data Counsel blog, and he frequently speaks at major industry events regarding data breach response, risk management and litigation issues affecting privacy. Ted has spoken at the National Association of Attorneys General on data security issues in a closed session, as well as the National Security Cyber Specialist’s Training Conference organized by the DOJ.

Ted is the firmwide chair of BakerHostetler’s Digital Assets and Data Management Group and a member of the firm’s Policy Committee.

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