Healthcare Provider/Health Insurer Data Breaches and Liability Implications of a Loss of Protected Health Information: Coverage Issues Including First- and Third-Party Costs, Underwriting Healthcare Companies,

March 24, 2015 8:00am

Marc S. Voses
Partner, Co-Chair of KDV’s Data Privacy Liability and Technology Services Practice Group
Kaufman Dolowich & Voluck, LLP

Brian J. Dusek
McCullough, Campbell & Lane LLP

Kelli Artin
Vice President Professional, Privacy and Technology Liability
Liberty International Underwriters

David J. Rock Esq.
Assistant Vice President, Errors and Omissions Claims
Allied World Insurance Company

Meghan M. Hannes
Vice President
AXIS Insurance


Stuart A. Panensky
Traub Lieberman Straus & Shrewsberry LLP

  • Regulatory issues: Common HIPAA, HITECH compliance issues, HHS HIPAA compliance resources, OCR Enforcement Update
  • How to safeguard PHI depending on how it is maintained: Hardcopy records v. mobile records (e.g., mobile storage device) v. server v. cloud, The importance of encryption
  • Insurance coverage available: Cyber/privacy v. CGL v. professional liability
  • Preparing for a breach: Who is your breach response team?
  • Have you run mock data breach response scenarios?
  • Vendor indemnification issues: What is the value of contractual indemnification? Can you be named as an additional insured?
  • Post-breach management: How will a breach affect your reputation? Recovering lost information