NYHIMA Legal Update

Agenda:

• Privacy and COVID Information
• HIPAA Proposed Rule
• CARES Act and 42 CFR Part 2
• CURES Act
• Refresher/Hot Topics
• Mental Hygiene Law 33.13
• Disclosures to Law Enforcement
• Subpoenas

1 CEU - Domain V. Health Law and Compliance

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Mary M. Miner is a partner in Hancock Estabrook’s Healthcare Practice. She focuses her practice on providing regulatory compliance counsel to a diverse array of entities within the healthcare industry, including health systems, health & human service providers, hospitals, continuing care retirement communities, medical practices, Independent Practice Associations, laboratories, health centers, alcohol and substance abuse treatment providers and pharmacies.

Ms. Miner regularly provides compliance assistance to Healthcare Industry clients on diverse legal issues, including:

• Patient Privacy and Cybersecurity Compliance under the Health Insurance Portability and Accountability Act (HIPAA), the New York Shield Act and Department of Financial Services regulations
• New York and federal fraud and abuse laws, including the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties Law
• Advising healthcare providers and health plans on various aspects of HIPAA compliance, including preparation of HIPAA policies and procedures, negotiating business associate agreements, and advising on HIPAA risk assessments and breach notification
• Corporate compliance program development and implementation
• Corporate transactions, governance, and licensure issues
• Patient care issues, including informed consent and surrogate decision-making
• The Office of the New York State Medicaid Inspector General (OMIG), the Medicaid Fraud Control Unit of the New York State Attorney General’s Office (MFCU), and the Office of the Inspector General of the United States Department of Health and Human Services (OIG) audits, investigations and self-disclosure
• Physician-Hospital contracting
• Drafting and negotiating third-party vendor, consultant and services agreements

Representative Matters

• Represented municipality with reporting obligations and individual breach notification under New York State Technology Law and Shield Act.
• Assisted multi-state provider with data security response to Ransomware attack, including reviewing regulatory reporting obligations and drafting notification materials.
• Represented hospital system in acquisition of ambulatory surgery center and associated physician practice.
• Assisted entity in successfully challenging OMIG Final Audit Report, leading to refund of withheld Medicaid payments.
• Assisted entities in preparation and submission of self-disclosure under the federal Centers for Medicare and Medicaid Services (CMS) Stark Self-Referral Protocol.
• Assisted entities with submission of Medicare and Medicaid self-disclosures and repayments.
• Represented entity in response to US Department of Health & Human Services Office of Civil Rights (OCR) investigation and completion of a corrective action plan.
• Represented entity in response to New York State Attorney General investigation and completion of corrective actions required under Assurance of Discontinuance.
• Represented entities in responding to OMIG audits and notice of deficiency for mandatory Compliance Programs.

EDUCATION
University at Buffalo Law School, J.D., magna cum laude, 2010

• Publications Editor, Buffalo Law Review

The University of Texas at Austin, LBJ School of Public Affairs, M.P.Aff., 2007
Bowdoin College, A.B., cum laude, 2002

PROFESSIONAL CREDENTIALS
Admissions:

• New York
• U.S. District Court for the Northern District of New York

Credentials:

• Member, Onondaga County Volunteer Lawyers Project, Board of Directors
• Member, Upstate Freshwater Institute, Board of Directors
• Member, Onondaga County Bar Association
• Member, CNY Women’s Bar Association
• Coordinator, Pro Bono Landlord-Tenant Clinic with Volunteer Lawyers Project

Honors & Recognitions:

• Recipient, Onondaga County Bar Association, Distinguished Pro Bono Service Award (2013)

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