Attention:
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New Implications of Gathering, Storing, and Managing Employee Health Data


Level: Advanced
Runtime: 60 minutes
Recorded Date: October 08, 2021
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Agenda

  • COVID-19 and Employee Health Data
  • HIPAA and Employee Data
  • Wellness Plans
  • Americans With Disabilities Act
  • State Consumer Privacy Laws
  • Data Security
Runtime: 1 hour
Recorded: October 8, 2021

For NY - Difficulty: Experienced Attorneys Only (Non-Transitional)

Description

From OSHA to HIPAA, as we gain traction on returning to in-person work, governing bodies are clamoring to identify the legality of collecting and storing all this data. What can we use it for, and when is health data storage infringing on human rights? This session will deep dive into the impact the last year has had on health data and implications in how this data can legally be used moving forward.

This program was recorded as part of Corporate Counsel's Women, Influence, and Power in Law Conference held on October 8th, 2021.

Provided By

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Panelists

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Jana Landon

Chief Privacy Officer
Lincoln Financial Group

Jana is the Chief Privacy Officer at Lincoln Financial Group. Her duties include developing policies and processes to address statutes and regulations, performing impact assessments for new technologies and services, and leading privacy incident response.

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Megan Ryan

Chief Legal Officer
NUHealth

Megan C. Ryan, Esq. serves as the Corporation’s Chief Legal Officer. As such, Ms. Ryan is the General Counsel/Counsel to the Board for NuHealth/NUMC and A Holly Patterson Extended Care Facility. She oversees all legal, corporate governance, privacy and ethics functions. Ms. Ryan has served as NuHealth/NUMC’s Chief Compliance, Privacy and Ethics officer responsible for investigating any suspicion of fraud, waste, or abuse and has been responsible for maintaining our strong compliance program since 2016. Additionally, she has served as the Chief Compliance Officer for the Nassau Queens Performing Provider System (“NQP”) in the New York State Delivery System Reform Incentive Payment Program (DSRIP) implementing and overseeing the execution of DSRIP, compliance practices at the NQP level and its partnering hubs (NUMC, North Shore and Catholic Health Systems) and has served as a voting director on the NQP PPS Board.

Ms. Ryan brings a wealth of experience and impressive achievements, with extensive academic and legal skills that have prepared her well for the challenges and opportunities of this crucial position. Ms. Ryan is admitted to the New York State Bar and the United States Supreme Court. Prior to joining the Nassau Health Care Corporation, Ms. Ryan served as in house corporate counsel for Liberty Mutual Insurance Company at the firm of Martyn, Toher and Martyn. She had previously worked as an associate attorney in the law firm of O’Reilly, Marsh and Corteselli, P.C., concentrating on banking, real estate, and litigation matters.

Ms. Ryan earned her Bachelor of Science degree from Fordham University as a Dean’s Scholar and Biology Chairman Circle honoree and earned her Juris Doctor from Saint John’s University School of Law. She is a member of the Nassau County Bar Association, Nassau County Women’s Bar Association, New York State Bar Association (NYSB Women in Law; Health Law Committees) and the American College of Hospital Executives. Her paper entitled “An Examination of Regulations and Decisions Concerning the Mandatory Retirement of State Judges” was published nationally in Court Review and was awarded first prize by the AJA. She is also a member of the Nassau County Women’s Bar Association.

Ms. Ryan is the recipient of the 2016 Long Island Power Woman Award. In 2017, 2018, 2019 and 2020 Ms. Ryan presented at ALM’s national General Counsel Conferences on the subjects that included “Building a High Value Corporate Legal Department in Transformative Times” and “Gold Standards for Legal Department Ethics”. She presented at the “Women, Influence and Power in the Law” in Washington, DC in 2019 and 2020. She was recognized as a Power Woman in Business in 2016, 2019 and 2020. Additionally, LIBN named Ms. Ryan as a “Leader in the Law” in 2017. Megan was distinguished as a “Forty Under Forty “Award recipient in her role as General Counsel in 2018. Ms. Ryan was recognized by the Nassau County Commission of Human Rights for her efforts in World AIDS Day in 2020. She is the recipient of the Indian Association of Long Island Community Award for her work in accessing programs to the community. Ms. Ryan was honored as the Long Island Herald’s Distinguished Leader Award in 2020.

She served as a panelist on Long Island Herald’s Education and Covid-19 discussing hospital operations and school precautions during Covid-19 and discussed her role as General Counsel to the County’s only public hospital (a New York State Public Benefit Corp.) and President of the North Merrick School Board during the pandemic. Ms. Ryan also served as a member of the North Merrick School District’s Re-Entry Task Force. She served as a panelist for Saint John’s University’s School of Law Covid-19 Symposium discussing hospital operations and legal policies during Covid-19. Ms. Ryan’s efforts during the Covid-19 pandemic was recognized in the New York Law Journal and nationally by Law.Com.

Ms. Ryan is the 2020 Irish Echo Community Champion Award recipient and received the national Women, Influence & Power in the Law In House Leadership Award in the fall of 2020.

She serves as a board member for the Butterfly Initiative Project since 2019 and offers pro bono legal advice to the international organization Friends for Good Health.

Ms. Ryan has served as North Merrick Board of Education Trustee since 2018 and is currently serving her second term as BOE President.

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Nancy L. Perkins

Counsel, Privacy, Cybersecurity & Data Strategy
Arnold & Porter

Nancy Perkins focuses her practice on regulatory compliance and consulting on emerging policy issues, with a principal focus on data privacy and security and electronic transactions. Ms. Perkins regularly advises clients on compliance with a wide range of data protection requirements at the federal and state levels, including rules applicable to online communications and transactions as well as all types of uses and disclosures of medical, financial, and other sensitive personal information. She assists clients in structuring their activities, online service offerings, and privacy policies to comply with applicable laws and best practices, taking into account technological and intellectual property issues associated with the expansion of electronic commerce and Internet activities. Among other laws, Ms. Perkins frequently provides counsel on the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act (as amended by the Fair and Accurate Credit Transactions Act), the federal E-Sign Act, the Children's Online Privacy Protection Act, and the Video Privacy Protection Act, as well as state privacy, security, data breach notification, and electronic signature laws.

She also has a deep background in international law and advises clients on the cross-border transfers of personal data, including under the EU Data Protection Directive and the Canadian Personal Information Protection and Electronic Documents Act, as well as broader issues arising under the rapidly developing framework for global legal protection of personal information.

Ms. Perkins served as a law clerk to the Honorable Eugene H. Nickerson of the US District Court for the Eastern District of New York from 1987 to 1988. She is a 1987 graduate of Harvard Law School, where she was an editor of the Harvard Law Review and the Harvard International Law Journal. She is a member of the American Law Institute and serves on the Executive Council of the American Society of International Law and the Steering Committee of the International Law Section of the District of Columbia Bar.


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