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  3. |The American Recovery and Reinvestment Act of 2009: HIPAA Privacy and Security Implications for Covered Entities and Their Business Associates

The American Recovery and Reinvestment Act of 2009: HIPAA Privacy and Security Implications for Covered Entities and Their Business Associates

Event | 02.24.09, 12:00 AM UTC - 12:00 AM UTC

The American Recovery and Reinvestment Act of 2009 makes significant changes to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), governing the privacy and security of protected health information. The most notable changes include strengthening criminal and civil enforcement, providing for individual notification where the security of the individual’s information has been breached, and making business associates accountable to the same degree that covered entities are under the law.

In this concise and focused presentation, Crowell & Moring panelists who work closely with covered entities (both health plans and providers) and business associates will discuss: The key changes and what they mean for covered entities and business associates; The key implementation issues; and What covered entities and business associates should do now .

This program is free of charge.

Who Should Participate:

Privacy Officers
In-House Counsel

Participants

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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