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The Federal Trade Commission (FTC) and five other agencies issued a Rule titled "Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003." This rule requires financial institutions and creditors to develop and implement written "identity theft prevention programs." The programs must provide for the identification, detection, and response to patterns, practices, or specific activities - known as "red flags" - that could indicate identity theft. Most health care providers, including laboratories, were unaware of this rule and the fact that it may be applicable to them. The FTC issued an enforcement policy and simultaneously announced a delay in enforcement of the Rules in October. This session will explain the Rules, explain how they may be applicable to a clinical laboratory, and discuss what labs who must comply will be required to do.
Learning Objectives:
This session will:
- Place the Red Flag Rules in the context of "identity theft."
- Explain the Red Flag Rules and define who is a “creditor” and what “covered account” means.
- Provide the circumstances under which these Rules would apply to a clinical laboratory, by reference to specific, sample "Red Flags".
- Provide an outline of what steps must be taken to comply with the Rules.
- Discuss the concepts of "proportionality" and "streamlined programs" for low-risk entities.
Presenter: Christopher Young, Independent Consultant
Mr. Young is an HEW-certified medical technologist, former chairperson of the CLMA Health-Care Policy Committee, and former member of the Medicare Billing Issues Committee for CLMA. During nearly 30 years as a laboratory professional, Mr. Young has had the opportunity to work in or with every kind of laboratory setting. He has worked directly with government representatives in the shaping of laboratory legislation. Mr. Young has contributed articles to Vantage Point, Laboratory Industry Report, and other health care publications, and he is a member of the Board of Advisors for the Laboratory Compliance Insider. He speaks locally and nationally on health care compliance, regulatory issues, and other laboratory-specific topics. Mr. Young is currently working as an independent consultant specializing in legal and regulatory matters and the development of compliance officers and programs for clinical laboratories.
Presenter: Ieuan Mahony, partner in the law firm of Holland & Knight LLP
Ieuan G. Mahony is a partner in the law firm of Holland & Knight LLP, and concentrates his practice in intellectual property licensing and litigation, and e-commerce. Mr. Mahony is the firmwide Technology Partner for Holland & Knight. As a component of his e-commerce practice, Mr. Mahony has represented a range of clients in matters involving personal information privacy and security. These engagements have included advice with respect to (i) mitigation and compliance action plans in the wake of security incidents; (ii) proper notices to data subjects, contacts to credit bureaus, the establishment of call center supports, and other responses to threats of identity theft; and (iii) advice concerning proactive privacy policies, e-discovery programs, and compliance programs.
Mr. Mahony speaks widely concerning privacy and security issues, and relevant talks include: "E-Discovery in Healthcare: Implementing a Proactive Infrastructure" (Stafford Publications Teleconference); "Identity Theft: The Data Controller's Perspective" (British American Business Council of New England, Inc.); "Is There Privacy in Wireless?" (Software Industry Association); and "Privacy and Security in Cyberspace" (The Weizmann Institute for Science, Massachusetts Institute of Technology). Mr. Mahony has also published frequently on these topics, and these publications include FTC Indicates New Identity Theft Rules Apply to Health Care Providers; Delays Enforcement to Give Entities Time to Comply (H&K Health Law & Life Sciences, Alert); Privacy Policies Challenged by Wireless Devices' Ability to Track User Location (Privacy Officers Advisory, Aspen Publications); Federal Financial Privacy Rules: Protection for Consumers, Pitfalls for Companies, (Business Crimes Bulletin, Leader Publications); and United States On-Line Law, in The Law of International On-Line Business: A Global Perspective (Sweet & Maxwell). Mr. Mahony graduated from Harvard University cum laude and from Boston College Law School summa cum laude, where he graduated first in his class. Mr. Mahony can be reached at ieuan.mahony@hklaw.com.
Session Fees:
Member $149 Nonmember $199
All Levels:
1.5 Credit Hours
*Pricing is per phone line with an unlimited number of participants.
*New for 2008 - A CD of the presentation will no longer be sent to each institution. A new user friendly web site has been developed that allows all session participants to access the complete presentation online after the live lecture has concluded! Session participants will be given a special pass code to access the presentation.
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