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Greenway is seeking a Corporate Counsel to serve as the Company’s Privacy Officer and to assist with privacy, data usage, health care regulatory, commercial contracting and general business transactions. The successful candidate will have considerable experience in health care and with privacy matters under HIPAA, and state laws. S/he will ensure full coordination and documentation across all departments involved in any way with HIPAA privacy and related security laws. S/he will also be responsible for regulatory research and analysis of applicable privacy laws and regulations and ensuring compliance therewith with a focus on HealthIT regulations and the Anti-Kickback Statute.
The ideal candidate will also have experience in healthcare technology, healthcare laws generally, including the Anti-Kickback Statute, and commercial transactions.
Essential Duties & Responsibilities
Privacy:
The candidate will be responsible for:
- Being the company expert on HIPAA privacy laws, rules and regulations and administering the Company’s overall HIPAA privacy program with respect to employees, clients and vendors;
- Preparing and implementing effective HIPAA and compliance training and policies and procedures throughout the entire organization to ensure that any changes in regulations are communicated in a timely manner and understood by all;
- Assist management in coordinating internal compliance reviews and monitoring activities and third party audits, including annual or periodic reviews of departments and periodic vendor and client audits
- Implement and maintain and effective incident response program, including, but not limited to managing outside counsel, insurance claims, forensics experts and others as necessary;
- Work closely with Information Technology and Security Officer to evaluate appropriate technology solutions to safeguard PHI and PII;
- Review software functionality to evaluate and analyze privacy and security implications;
- Being the subject matter expert on business associate agreements and ensuring all appropriate agreements are in place
- Advise on and implement programs regarding data rights and usage, data de-identification and monetization of data
Commercial Transactions:
- Draft, review and negotiate a wide range of commercial agreements, including complex technology transactions involving electronic health records, software licensing, cybersecurity/privacy, telehealth, data analytics services, clearinghouse services, cloud hosting services, third party outsourcing/partnering relationships and data sharing with an emphasis on the privacy and data aspects of the agreements
- Partnering with a substantial number of internal clients to structure contracts and commercial transactions
Regulatory Advice:
- Advise on new regulations impacting electronic health records developers, including the 21st Century Cures Act and other ONC, CMS and state regulations
- Act as primary attorney responsible for ensuring compliance with the Anti-Kickback Statute and the False Claims Act