CMS’s David Wright has signaled that new provider-based guidance will be issued in early 2019.
Briar works with health care clients on compliance and risk management issues, counseling clients on everyday matters and in crisis situations such as information breaches. Briar works and speaks extensively on HIPAA, EHR/EMR, and privacy.
Briar works with hospitals, clinics, and other health care-related businesses and individuals so that they may operate successfully in the highly regulated healthcare world. Briar has particular expertise with privacy issues in general, and HIPAA in particular. She helps clients navigate through the privacy muck to get a workable (and legal) answer. Briar assists clients dealing with breaches of PHI (or helps them determine when there may not be a breach), negotiates business associate agreements (from the covered entity side and the business associate side), deciphers EHR/EMR contracts and negotiates EHR/EMR agreements. Briar also helps hospitals with risk management issues, accreditation, medical staff issues, general contract negotiations, EMTALA, and most other of the myriad issues that come before a hospital general counsel.
HIPAA and Privacy
- Responding to the Office for Civil Rights on HIPAA breach investigations. Sometimes this is a very short process; in some cases it can be very involved, with multiple responses to government inquiries and negotiations regarding potential fines or resolution amounts.
- Drafting or revising HIPAA policies and procedures, determining what actions are permitted by HIPAA and state laws (and which are not) and negotiating business associate agreements on behalf of both business associates and covered entities.
- Providing training for covered entities as part of HIPAA compliance.
- General counsel-like representation for a hospital client that without in-house counsel, handling everything from medical staff issues to patient complaints to vendor agreement negotiations to drafting of policies and procedures.
- Regularly advising hospital clients on Medicare rules and regulations, payment issues, provider-based regulations, supervision requirements, and other large and small hospital issues.
Articles & Presentations
PUBLICATIONS & PRESENTATIONS
- “Provider-Based Status and Co-Location: New CMS Guidance and Strategic Steps for Compliance,” Fredrikson & Byron Health Law Webinar Series, June 12, 2019
- Presenter, “Patient Privacy and Law Enforcement,” Minnesota Society for Healthcare Risk Management (MnSHRM), January 24, 2019
- Co-presenter, “Focus on Privacy and Data Security within a Healthcare Transaction,” Health Law Practicum, December 10, 2018
- “Electronic Health Record: Contracting and Data Security,” Fredrikson & Byron Health Law Webinar Series, January 10, 2018
- “HIPAA: Are We Doing This Right?!,” Fredrikson & Byron Health Law Webinar Series, November 8, 2017
- “Recent Developments in Privacy and Confidentiality of Health Records,” Fredrikson & Byron Health Law Webinar Series, April 12, 2017
- “Current Government Enforcement and Pitfalls in Provider-Based Billing,” Fredrikson & Byron Health Law Webinar Series, April 13, 2016
- “Lessons Learned from Recent HIPAA and Big Data Breaches,” Fredrikson & Byron Health Law Webinar Series, August 12, 2015
- Panel Member, “Computer Crime: How Are We Vulnerable?,” Lockton, May 1, 2015
- “Grab Bag: Electronic Health Records and What Should Keep You Up at Night,” Fredrikson & Byron Health Law Webinar Series, February 11, 2015
- “EHR and Health IT Agreements – How To Get What You Need and Generally Avoid Disaster,” Fredrikson & Byron Health Law Webinar Series, November 13, 2013
- “F&B HIPAA Training: Direct Training Session for Health Care Staff,” Fredrikson & Byron Health Law Webinar Series, September 11, 2013
- “Revenge of HIPAA: What You Need to Know About the New HIPAA Regulatory Scheme,” Fredrikson & Byron Health Law Webinar Series, February 13, 2013
Honors & Education
- University of Pennsylvania, J.D., 1998
- Drake University, B.A., Political Science and English, 1995, cum laude
- Minnesota, 1998
- University of Pennsylvania Law Review, Executive Editor
- Minnesota State Bar Association, Health Law Section
- Hennepin County Bar Association
- American Bar Association
- American Health Lawyers Association