Leeann Habte

Partner

Los Angeles
300 South Grand Avenue
25th Floor
(213) 787-2572

Leeann Habte counsels clients on information privacy and security programs, health care regulatory compliance, and Medicare and Medicaid reimbursement issues. She has represented health plans, hospitals, physicians, pharmacies, medical device companies, health information exchanges, digital health companies, and other public and private organizations on a broad range of legal issues.

Leeann applies her practical and legal experience to help clients find real-world business solutions to complex legal and regulatory issues.

Privacy and Security
A Certified Information Privacy Professional, Leeann advises organizations that handle health care, personal or educational data on security breach notification and investigations, security risk assessments, privacy and security policies and procedures, vendor management practices, business associate agreements, website privacy policies, training, and related issues. She is highly experienced in counseling clients on the interaction of state and federal law, including the Health Insurance Portability and Accountability Act, the Family Educational Rights and Privacy Act , the Confidentiality of Alcoholic and Drug Abuse Treatment Records (42 CFR Part 2), the Federal Trade Commission Act, the Genetic Information Nondiscrimination Act , employer-focused laws (Occupational Safety and Health Administration, Americans with Disabilities Act, worker’s compensation), and state laws regarding sensitive information (including Board of Pharmacy rules). She has advised on complex data sharing arrangements related to clinical integration, clinical research, telemedicine, health information exchange, electronic health records systems, medical/mobile devices, and on emerging privacy and security risks.

Health Care Compliance
Leeann advises on fraud and abuse compliance, licensing and certification, Knox-Keene Act and Medi-Cal managed care compliance, governance, medical staff issues and informed consent policies.

Reimbursement
Leeann advises clients on Medicaid and Medicare reimbursement issues, including Medi-Cal rate appeals and audits, Medicaid waiver issues, reimbursement rules, medical necessity determinations, utilization review and bankruptcy issues. She has assisted clients with contracting with the State of California for the Low Income Health Program, Medicaid waiver program implementation and Electronic Health Records incentives and audits.

Digital Health
Leeann provides strategic counseling to emerging medical device and digital health companies on privacy and security, fraud and abuse, and regulatory issues (including Food and Drug Administration clearance). She handles clinical research agreements and supply chain contracting, and coordinates health regulatory, business and intellectual property advice.

Prior Experience
Prior to joining Best Best & Krieger LLP as a partner, Leeann was a senior counsel at Foley & Lardner LLP, a law firm with a nationally recognized health care practice. She also has years of practical experience, having served as an associate director at the UCLA Center for Health Policy Research and research director at the Minnesota Department of Health prior to becoming an attorney. In those positions, she was responsible for HIPAA and data security, data-sharing and compliance issues. She also led initiatives and developed regulations on health quality, administrative simplification, charity care, rural hospital and primary care center issues.

A native of Minnesota, Leeann obtained her master’s degree in communications from the University of Minnesota. She has been in the health care field for more than 20 years, having begun in public relations, transitioned to health policy, and then to a legal career. She attended and ranked highly in Loyola Law School’s evening program for professionals while working full-time at UCLA. She is a devoted mother, a world traveler, and a Kung Fu practitioner.

EDUCATION

• Loyola Law School, Los Angeles
• University of Minnesota, Minneapolis, MN, M.S.
• St. Cloud State University, St. Cloud, MN, B.S.

Leeann Habte

Partner

• “Federal and State Data Privacy Laws and Their Implications for the Creation and Use of Health Information Databases,” Big Data: A Business and Legal Guide, CRC Press, 2015
• “What is the Meaning of Meaningful Use? How to Decode the Opportunities and Risks in Health Information Technology,” Business Law News, July 13, 2015
• “The Big Data Dilemma: Compliance for the Health Professional in an Increasingly Data-Driven World,” Journal of Healthcare Compliance, June 2015
• “Deconstructing Cyberinsurance Coverage: Lessons From the Travelers Case,” AHLA HIT Practice Group E-alert, June 15, 2015
• “Medicare Penalties and Bonuses for Meaningful Use of EHRs Revamped as Part of the ‘Doc Fix’ Bill,” AHLA HIT Practice Group E-alert, June 8, 2015
• “Privacy Laws Impose Key Restrictions,” Executive Insight, April 20, 2015
• “Tapping Into the Big Value of Health Care Big Data,” Foley White Paper, Feb. 27, 2015
• “OIG 2015 Work Plan, Part 2: Do Fewer Projects Mean a Sharper Focus?” Compliance Today, Feb. 2, 2015.
• “Genetic Information Privacy: A Complex Regulatory Framework,” Bloomberg BNA: Medical Research Law & Policy Report, Jan. 7, 2015
• “Federal and State Privacy Laws: Strategies for Analysis of Big Data in Healthcare,” Healthcare Informatics, Dec.5, 2014
• “Privacy Issues in the Sharing of Genetic Information,” Foley White Paper, Sept.18, 2014
• “A Proactive Approach to Cloud Computing in the Health Care Industry,” AHLA Connections, June 1, 2013
• “Minnesota AG Reaches First Settlement With Business Associate Under HITECH Act,” Bloomberg BNA's Health IT Law & Industry Report, Aug. 20, 2012
• “HHS Imposes First Civil Penalty and Resolution Agreement Resulting from HITECH Breach Notification Rule,” Managed Care Outlook, April 15, 2012
• “DMEPOS Supplier Marketing Arrangements and HIPAA Compliance,” Compliance Today, Sept. 1, 2011

Leeann Habte

Partner

Presentations

• Strategies for Managing Business Associate Relations,” Southern California Health Care Compliance Association Conference, June 17, 2016
• “How to Navigate Proposed Changes to Substance Abuse Confidentiality Regulations,” Foley Web Conference, March 29, 2016
• “Best Practices in HIPAA Security Risk Analysis,” Health Information and Management Systems Society Privacy and Security Forum, Dec. 2, 2015
• “EHR Technology: Where Meaningful Use, Compliance, and Clinical IT Intersect,” Foley Compliance Immersion Program, Nov. 18, 2015
• “Telehealth Data Privacy and Security: Strategies and Solutions for Providers,” Foley Web Conference, Sept.16, 2015
• “HIPAA and Beyond: Compliance with Federal and State Privacy Laws,” Health Care Compliance Association Southern California Regional Conference, June 19, 2015
• “How Digital Health will Enable BioPharma to be More Patient-Centered,” CalBIO Conference, March 3, 2015
• “Data Breach Prevention and Response – Managing the Risk,” Foley Web Conference, Oct. 7, 2014
• “Protecting Patient Rights in Your ASC: What’s New in Compliance with Privacy Laws,” Ambulatory Surgical Centers Association National Conference, April 19, 2013
• “Preparing to Comply With the HITECH Final Rule,” Foley Web Conference, March 19, 2013
• “Health Care Data in the Cloud: Strategies for Contracting With Cloud Providers,” Foley Web Conference, Jan. 16, 2013
• “Cloud Computing in Healthcare: HIPAA and State Law Challenges,” Foley Web Conference, June 7, 2012
• “Privacy and Security in the HITECH Era,” Foley Web Conference, Dec. 16, 2011

Memberships

• American Health Lawyers Association
• California Society for Health Care Attorneys
• Health Care Compliance Association
• International Association of Privacy Professionals
• Los Angeles County Bar Association

Leeann Habte

Partner

• Advised California hospitals on Office for Civil Rights investigations regarding large breach.
• Advised national physician groups on breach reporting and communications involving clients and vendors, security risk assessment, and preparation for HIPAA audit.
• Counseled California hospitals and national health system on health information exchange participation strategy and negotiated shared services agreements/participation agreements.
• Conducted numerous 50-state surveys for national pharmacy company on minor consent, state law restrictions on disclosure of sensitive information, pharmacy-specific privacy requirements and related issues.
• Drafted and revised health plan Medicare/Medi-Cal compliance policies and developed and delivered FWA training for California health plan.
• Drafted and revised hospital medical staff bylaws and consent to treatment for California hospitals.
• Advised counties and public hospitals on implementation of Medicaid Bridge to Reform Waiver programs.
• Assisted health plan with litigation appealing Medi-Cal managed care rates, and handled Medi-Cal administrative appeals of mental health administrative expenses, Federally Qualified Health Center payments and related issues.
• Counseled emerging medical device companies on health care regulatory strategy and oversaw intellectual property, general, and corporate matters.
• Advised digital health companies on information flow, consents, website policies and data privacy and security requirements and strategies.