Marketing and Empathy Psychology
Immigration raids at the hospital; how to balance patient confidentiality and yet comply with ICE raids at your health care facility

By - Mark R. Brengelman

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Does HIPAA Stop Immigration Raids? What You Need to Know

This is a new, intermediate webinar that will examine how current Executive Order and federal policy changes allowing ICE to take aggressive immigration enforcement action in 2025 and beyond will butt up against the patient privacy mandates of HIPAA. A greater focus on medical records and patient privacy exists with strengthening federal and other laws now on the books or coming, yet with clear indications of aggressive enforcement of immigration laws that will conflict with those laws.

First, how does HIPPA apply to patients who are not U.S. citizens or who do not have legal status to remain in the U.S.? Second, what are the current Executive Orders and policy changes coming from the federal government? Why do we have

Second, this webinar will examine the concerns raised about ICE and other departments, such as the U.S. Department of Homeland Security, allowing them to enter sensitive areas such as hospitals and health care facilities. What other federal agencies may now be involved?

Third, the exemptions for law enforcement purposes already exist under HIPAA, so how will they be exploited now with this new change and hardened emphasis on federal immigration actions?

Fourth, the challenges for all health care providers, regardless of whether they work in a facility such as a hospital, are numerous. This webinar will spotlight the arrest of a nurse in 2017 who defied a police officer’s command to draw blood from a patient – is this the future of health care workers and immigration raids at the hospital, arrest on the spot for lawful defiance of a police officer?

Fifth, this webinar ends tips and techniques on maintaining HIPAA confidentiality and patient privacy in order to comply with federal immigration actions.

This is an intermediate webinar designed to educate everyone attending to recognize broad changes coming in 2025 for HIPAA and how federal immigration actions will impact health care.

Background:
HIPAA medical records confidentiality and confidentiality of patient health records confidentiality; HIPAA confidentiality; updated federal laws

Areas Covered in the Session
The areas covered in this session include these learning objectives:

• Introduction to HIPAA privacy laws as applied to patient who are not U.S. citizens or do not have legal authority;
• Identification of federal agencies now involved with federal immigration who may come knocking at your door;
• How immigration actions and enforcement may be limited in a health care setting;
• HIPAA requirements conflicting with federal directives;
• How the Emergency Medical Treatment and Active Labor Act apply on top of HIPAA;
• Examination of an example of health care worker defiance of law enforcement – the case of the nurse who got arrested for defending the privacy and legal rights of an unconscious patient
• Next steps and what to expect in updating and reviewing policies and procedures to educate staff on federal immigration actions;
• Top takeaways for HIPAA and federal immigration enforcement – is civil disobedience the answer?

Who will Benefit?
HIPAA privacy officers; medical records workers; health care attorneys

Why should you Attend?

• This new, intermediate webinar examines HIPAA as applied to the federal governments new focus on deporting persons without legal status from the United States.

• This webinar covers federal actions and law as well as other federal agencies such as U.S. Immigration and Customs Enforcement (“ICE”).

• Erase the uncertainty and doubt about what is coming for federal immigration enforcement changes in 2025, and how existing HIPAA laws on the books are to be followed and yet comply with ICE raids at your health care facility.

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2025 Update Add-ons

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Speaker Detail

Mark R. Brengelman

Mark holds Bachelor’s and Master’s degrees in Philosophy from Emory University and a Juris Doctorate from the University of Kentucky. Retiring as an Assistant Attorney General, he now represents: • health care professionals; • two government health care licensure boards, and; • parents and kids in confidential child abuse and neglect cases, termination of parental rights, and adoption proceedings Mark has worked for all three branches of government. He is a frequent continuing education presenter around the country having presented continuing education for over 50 different national and state organizations and private companies. Mark helps his clients navigate the law and ethics and make the rules understandable as applied to them.

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