Leeann Habte is an associate with Foley & Lardner LLP and a member of the Health Care Industry Team and Privacy, Security & Information Management Practice. She is also a Certified Information Privacy Professional.
A former director at UCLA and the Minnesota Department of Health, she has practical experience in developing and implementing health care data privacy and security policies and procedures, managing IT resources, and human subjects protection compliance.
Health Care Privacy and Electronic Health Records
Ms. Habte has advised a variety of health care clients, including hospitals, health plans, medical device companies, pharmacies, and electronic health record (EHR) and other computer software companies.
Ms. Habte has:
- Advised on complex issues involving the interaction of HIPAA and other federal and state privacy laws, such as release of laboratory results, minor consent and parental access to records of minors, substance abuse and mental health records, HIV/AIDs records, law enforcement access, and restrictions on Medicaid data;
- Advised companies on compliance issues with respect to marketing communications under the HITECH act and state law;
- Conducted 50-state surveys of minor consent laws, age of majority laws, Notice of Privacy Practice requirements, restrictions on disclosures of health information for payment, authorization/consent requirements, and laws related to physical security and incidental disclosures of PHI;
- Analyzed suspected breaches of PHI under HIPAA and State law, and developed breach report letters to State and federal agencies;
- Developed responses to OCR investigations of HIPAA complaints;
- Developed comments on proposed HIPAA regulations on privacy, breach notification, and accounting for disclosures, and proposed rules on meaningful use of certified EHR technology for national and state associations and large health care organizations;
- Developed and reviewed HIPAA privacy and security policies for health care organizations and business associates;
- Advised health care organizations on contracting policies and procedures, including developing and negotiating Business Associate Agreements;
- Advised software and EHR vendors on their business model and HIPAA security and privacy compliance; and
- Advised public hospital systems on ways to maximize incentives for EHR and on governance and procurement issues associated with funds available under the HITECH Act.
Medicare and Medicaid
Ms. Habte focuses her practice on federal and state health care regulation and payment issues under Medicaid and Medicare. Ms. Habte’s experience includes advising clients on development and implementation of federal Medicaid demonstration projects authorized under Section 1115 of the Social Security Act, as well as drafting and analyzing legislation. She also advises clients on a broad range of coverage, eligibility, medical necessity and utilization review, payment, billing, coding, scope of practice, and related concerns. She has particular experience with mental and behavioral health and health care reform issues.
Education and Experience
Prior to joining Foley, Ms. Habte served as an assistant director in the UCLA Center for Health Policy Research, where she was responsible for data privacy, security, and IRB compliance. Before attending law school, Ms. Habte served as research director of the Minnesota Department of Health, where she developed state legislation and regulations on health quality, hospital reimbursement, and administrative simplification. She directed IT security and data privacy. She also spearheaded state-level program initiatives for hospitals, managed care networks, and community clinics.
Ms. Habte graduated from Loyola Law School (J.D., 2007), where she was an editor of the Loyola of Los Angeles International and Comparative Law Review. She earned her master’s degree, summa cum laude, from the University of Minnesota (M.A., mass communications, 1992) and her bachelor’s degree, magna cum laude, from St. Cloud State University (B.S., journalism and mass communication, 1984).
Ms. Habte is admitted to practice in California. She is a member of the American Health Lawyer’s Association, Los Angeles County Bar Association’s Health Law Section, Women Lawyers Association of Los Angeles, and the International Association of Privacy Professionals.