Amanda J. Ellis PLLC

Amanda J. Ellis PLLC

Professional health care licensing defense; Pharmacy law; Health care privacy law compliance; Board Certified in Administrative Law [email protected]

Amanda J. Ellis is a lawyer in Austin, Texas who practices Health Care Law and Administrative Law. Amanda advises licensed providers on operational and regulatory matters related to their practices including licensing, health care privacy law compliance, and Medicare and Medicaid issues. Before entering private practice, Amanda was an Assistant Attorney General in the Administrative Law Division of the Office of the Attorney General of Texas. She currently serves on the Council for the Health Law Section of the Austin Bar Association. Amanda is Board Certified in Administrative Law by the Texas Board of Legal Specialization, and has recently been appointed to the Administrative Law Exam Commission.

Mission: Client-Centered Counseling Quality Work Product

HHS requires California medical center to protect patients’ right to privacy

Shasta Regional Medical Center Settles HIPAA Security Case for $275,000

Shasta Regional Medical Center (SRMC) has agreed to a comprehensive corrective action plan to settle an investigation by the U.S. Department of Health and Human Services (HHS) about potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and will pay a $275,000 monetary settlement.

The HHS Office for Civil Rights (OCR) opened a compliance review of SRMC following a Los Angeles Times article which indicated two SRMC senior leaders had met with media to discuss medical services provided to a patient. OCR’s investigation indicated that SRMC failed to safeguard the patient’s protected health information (PHI) from impermissible disclosure by intentionally disclosing PHI to multiple media outlets on at least three separate occasions, without a valid written authorization. OCR’s review indicated that senior management at SRMC impermissibly shared details about the patient’s medical condition, diagnosis and treatment in an email to the entire workforce. Further, SRMC failed to sanction its workforce members for impermissibly disclosing the patient’s records pursuant to its internal sanctions policy.

In addition to the $275,000 monetary settlement, a corrective action plan (CAP) requires SRMC to update its policies and procedures on safeguarding PHI from impermissible uses and disclosures and to train its workforce members. The CAP also requires fifteen other hospitals or medical centers under the same ownership or operational control as SRMC to attest to their understanding of permissible uses and disclosures of PHI, including disclosures to the media.

The Press Release can be found at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/shasta-agreement-press-release.html and the Resolution Agreement can be found on the OCR website at http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/shasta-agreement.pdf

hhs.gov Shasta Regional Medical Center (SRMC) has agreed to a comprehensive corrective action plan to settle a U.S. Department of Health and Human Services (HHS) investigation concerning potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.

[06/27/13]   Gov. Perry Vetoes SB 227

Friday, June 14, 2013 • Austin, Texas • Veto Statement



Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 227 as passed by the Eighty-Third Texas Legislature, Regular Session, because of the following objections:

SB 227 would circumvent existing safeguards for the dispensing of certain prescription cosmetic drugs by allowing physicians and optometrists to sell these medications directly. It is the role of pharmacists - who are trained specifically in drug interactions, side effects and allergies - to dispense the medications. Additionally, the State Board of Pharmacy has the authority to inspect pharmacies to ensure drugs are stored securely and at safe temperatures.

I share concerns from within the health care community that though these drugs are used for aesthetic purposes, they are still prescription-strength drugs with potentially dangerous side effects and interactions, and therefore should remain subject to existing safety protocols and oversight.

Since the Eighty-Third Texas Legislature, Regular Session, by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 14th day of June, 2013.

RICK PERRY
Governor of Texas

Idaho State University Settles HIPAA Security Case for $400,000

http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/isu-agreement.html

hhs.gov Idaho State University (ISU) has agreed to pay $400,000 to the U.S. Department of Health Human Services (HHS) for violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. This settlement involves the breach of unsecured electronic protected health informa...

2013 TPA Conference & Expo

https://m360.rxpert.org/event/session.aspx?id=83474

m360.rxpert.org Texas Pharmacy Association (154) is accredited by the Accreditation Council for Pharmacy Education as a provider of continuing pharmacy education. Continuing education will be provided to participants who completed all course requirements.

centerforexcellence.txpharmacy.org

The New Texas Health Care Privacy Law (HB 300) and HIPAA/HITECH Compliance: What You Need To Know No

https://centerforexcellence.txpharmacy.org/index.cfm?pg=semwebCatalog&panel=showSWOD&seminarid=4018

centerforexcellence.txpharmacy.org

Texas Pharmacy Association

http://www.rxpert.org/displaycommon.cfm?an=1&subarticlenbr=804

rxpert.org General Overview The Texas Legislature passed House Bill 300 (HB 300) during its 82nd regular session, amending the Texas Medical Practice Act and other state privacy laws to provide greater protection for individuals’ sensitive personal information and imposing more stringent requirements for compl...

[04/16/13]   The Austin Bar Association's Administrative Law Section's annual Nuts & Bolts of Administrative Law seminar was held on March 8, 2013.

Topics included:

Preparing the Agency's Case
Julie Hildebrand | Texas State Board of Dental Examiners
Amanda J. Ellis | Attorney at Law

Rulemaking Procedures
Laura Moriaty | Texas State Board of Veterinary Medical Examiners
Jena Abel | Texas Board of Nursing

Open Government Including Open Meetings Act and Public Information Act
Bill Aleshire | Riggs Aleshire & Ray
Jordan Hale | Attorney General of Texas Public Information Coordinator

Informal Settlement Conference
Kenda Dalrymple | Carls, McDonald, & Dalrymple

Negotiating with a State Agency
Glenn Hall |Texas Commission on Environmental Quality Environmental Law Division
Tony Cobos | Cobos and Sharp
Moderator David D. Duncan | Texas Comptroller of Public Accounts

Conflicts in a Mobile Society
Claude E. Ducloux | Hill, Ducloux, Carnes & de la Garza

Practice Tips for the State Office of Administrative Hearings
The Honorable Suzanne Formby Marshall | State Office of Administrative Hearings

Evidentiary Presentations at State Office of Administrative Hearings
The Honorable Paul Keeper | State Office of Administrative Hearings

Changes to Findings of Fact and Conclusions of Law
Don Walden | Law Office of Don Walden

[04/16/13]   Christian Counselors of Texas
2013 Conference

The CCTX annual conference was held in San Antonio on February 21-23, 2013. This year's speakers included keynote speaker Leslie Vernick, and ethics presentations by Kenda Dalrymple, JD ("Complaint Proofing Your Practice"), and Amanda Ellis, JD ("HIPPA and House Bill 300 Awareness Training for Mental Health Professionals").

[04/16/13]   HIPAA, HITECH and the New Texas Privacy Law (HB300): Compliance Training

Summary:
At the completion of this activity, pharmacists and technicians will be able to:

Define federal and state privacy law requirements to maintain the privacy and security of individual’s protected health information.

Identify proactive measures and practices that individual licensees and entities can implement to avoid agency enforcement actions and audits regarding privacy law compliance.

Describe the significance of federal and state privacy law requirements and potential consequences resulting from enforcement actions and audits related to privacy law compliance. [more]

Presenter:
Amanda Ellis , Attorney at Law
Amanda J. Ellis is an attorney in the Austin area who represents pharmacists, pharmacy technicians and pharmacy owners in enforcement actions and audits before the Texas State Board of Pharmacy and other regulatory agencies. She also advises licensed providers in administrative and transactional matters related to their practices. Ms. Ellis is Board-Certified in Administrative Law by the Texas Board of Legal Specialization.

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901 South Mopac Expressway, Barton Oaks Plaza I, Suite 280
Austin, TX
78746
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