Milwaukee Office
411 East Wisconsin Avenue Suite 2350
Milwaukee,
Wisconsin
53202
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Professional Experience
Jennifer (Jen) L. Rathburn is a partner in the Health Law Group. She provides health care regulatory and transactional advice and general counsel to clients. She partners with health care providers, health plans, employers and other companies doing business in the health care industry to achieve their strategic goals and to comply with laws in the following areas: General Health Care Counsel
- Regulatory compliance issues and program development
- Health care fraud and abuse issues
- Transactional advice and provider and vendor contracts
- Provider licensing and certification requirements
- Medicare, Medicaid and third-party payor reimbursement issues
- Joint Commission Accreditation Standards
- Medical Staff issues
- Informed consent for treatment issues
Health Information Privacy & Security/Technology
- Advises clients in the areas of federal privacy and security laws, including HIPAA, FERPA, GINA, the Confidentiality of Alcohol and Drug Abuse Treatment Records (42 CFR Part 2) as well as state law governing the confidentiality of medical records.
- Counsels clients on handling privacy and security investigations and assists clients through the security breach notification process.
- Provides guidance on privacy and security issues faced by clients as they implement interoperable electronic medical record systems and other technology involving health information.
- Advises clients on obtaining incentives for certifying, adopting and implementing electronic health records and meeting meaningful use requirements.
- Provides guidance and assists in the development and implementation of health information data warehouses for associations, multi-specialty physician groups, integrated delivery systems and other clients.
- Drafts and negotiates agreements regarding disclosures of health data for benchmarking, research, treatment, health care operations and public health purposes.
- Counsels clients on how employer-focused laws (OSHA, DOT, workers’ compensation, etc.) affect the maintenance of occupational health records and negotiates occupational health contracts.
- Advises and negotiates agreements with and on behalf of health plans, disease management companies, TPAs, wellness companies and employers on the privacy and security issues affecting the use and disclosure of health plan enrollee and employer health data.
- Advises clients on the privacy and security issues associated with websites that gather, use and disclose health information and drafts Website Privacy Policies and Terms of Use that address the interplay between health care and website privacy requirements.
Education and Honors
- St. Louis University School of Law (J.D., magna cum laude, 2000)
Health Law Certificate. St. Louis University Law Journal. Health Law Society.
- University of Kentucky (B.A., magna cum laude, 1996)
B.A. in Psychology. Phi Beta Kappa.
- Rijksuniversiteit Groningen, The Netherlands
ISEP Program.
Bar Admissions
Illinois,
2001
Wisconsin,
2000
Professional Recognition
Selected for inclusion in Wisconsin Super Lawyers®–Rising Stars Editions 2006, 2007 & 2008 (Health Care).
Professional and Civic Activities
- American Bar Association (Member, Health Law Section).
- American Health Lawyers Association (Member).
- American Health Information Management Association (Member).
Board and Committee Memberships
- Aurora Psychiatric Hospital, Inc. (Member, Behavioral Health Advisory Committee).
- Curative Care Network (Member of Board of Directors).
Selected Presentations/Publications
- “Tips For Employers To Identify HIPAA Issues,” Co-authored article of the American Health Lawyers Association Health Care Weekly, Vol. X, Issue 13, March 30, 2012.
- “Medical Privacy Enforcement and Penalties: HIPAA Gets Teeth,” Co-authored chapter of Inside the Minds: Health Care Law Enforcement and Compliance, Leading Lawyers on Understanding Recent Trends in Health Care Enforcement, Updating Compliance Programs, and Developing Client Strategies, September 2011.
- “Legal Aspects of Occupational Medicine Records and Related Privacy Laws”, co-presented for the Wisconsin Medical Society, Madison, Wisconsin, September 23, 2011.
- “Managing Occupational Health Data Under Health Care Reform and Privacy Laws,” co-presented Melamedia Webinar, July 26, 2011.
- “Security Breaches & Increased Government Enforcement: How to Protect Your Assets,” co-presented at the Information Systems Audit and Control Association (ISACA) Meeting, Brookfield, Wisconsin, May 18, 2011.
- Amicus Brief to the United States Supreme Court co-submitted on March 31, 2011 in the case Sorrell v. IMS Health Inc. on behalf of the National Association of Chain Drug Stores and the American Society for Automation in Pharmacy regarding the use, marketing and sale of prescriber identifiable data.
- “Nuts and Bolts of Physician Employment Agreements” presented at the Medical College of Wisconsin Department of Anesthesiology Meeting - “Anesthesiology: Transition into Practice,” Sheboygan, Wisconsin, April 16-17, 2011.
- “Substance Abuse and Mental Health Records: What Can You Release,” co-presented Lorman National Teleconference, December 8, 2010 and June 29, 2011.
- “Occupational Medicine: Unique Privacy and Contracting Issues,” co-presented at the Central States Occupational and Environmental Medicine Association (CSOEMA) Annual Fall Meeting, September 24, 2010.
- “Security Breach Notification and Identity Theft Detection: Putting All the Pieces Together,” co-presented Milwaukee, Wisconsin, April 30, 2009.
- Quoted, “New HIPAA provisions: More important than you may think,” HCPRO, Billing Alert for Long-Term Care; May 2009, Vol. 11, No. 5.
- “Key Privacy and Security Aspects of the Economic Stimulus Package,” co-presented Milwaukee, Wisconsin, March 17, 2009.
- “Emerging Issues in Health Care Technology Part II: Privacy & Security,” co-presented Friday Focus Webcast, October 24, 2008.
- “Handling Occupational Health Records: Unique Privacy Issues,” co-presented at the Manufacturers and Commerce Worker’s Compensation Counsel, 2007 Spring Worker’s Compensation Meeting, March 9, 2007.
- “What’s Up With HIPAA,” co-presented Friday Focus, Milwaukee, Wisconsin, October 27, 2006.
- “Overview of Legal and Ethical Considerations of Mental Health Treatment,” co-presented to Aurora Psychiatric Hospital, November 13, 2003.
- “Introduction to Research Compliance and HIPAA,” co-presented at HCCA Conference, September 9, 2003.
- “HIPAA Update,” presented at American Medical Group Association (AMGA) Council of Attorneys Meeting, Austin, Texas, September 20, 2002.
- “Confidentiality of Medical Records,” co-presented at Lorman Education Services Conference, Green Bay, Wisconsin, October 17, 2001.
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