Cory J. Fox

Associate

Houston
T 713.646.1358  |  F 713.751.1717

Cory Fox focuses his practice on assisting clients in the healthcare industry, with an emphasis on issues related to privacy and data protection pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and related state law. As a former research chemist, Cory leverages his prior experience working with academic medical centers, hospitals, pharmaceutical companies, and other healthcare organizations to efficiently assess a client's internal operations and provide the targeted advice and services necessary to address the wide variety of complex legal issues healthcare organizations face.

Cory is a regular contributor to the firm's Data Privacy Monitor and Health Law Update blogs.

Select Experience

  • Represented three large academic medical centers in data breach matters involving the theft of a laptop through all phases of breach response including crisis management, incident investigation, notification of affected individuals, and reporting to the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) and state regulators. Assisted with subsequent OCR investigations by responding to requests for information regarding the breach incidents as well as each entity's overall HIPAA compliance. Both investigations closed with no disciplinary action taken.
  • Advised large hospital system during OCR investigation regarding the hospital's provision of auxiliary aids and services to the hearing impaired under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Investigation closed with no disciplinary action taken.
  • Advised multiple compounding pharmacies and an industry trade organization regarding FDA regulatory issues under the Drug Quality and Security Act, including facility registration, cGMP compliance, and the submission of comments and information pursuant to FDA regulatory proposals and guidance. 
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Experience

  • Represented three large academic medical centers in data breach matters involving the theft of a laptop through all phases of breach response including crisis management, incident investigation, notification of affected individuals, and reporting to the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) and state regulators. Assisted with subsequent OCR investigations by responding to requests for information regarding the breach incidents as well as each entity's overall HIPAA compliance. Both investigations closed with no disciplinary action taken.
  • Represented two state chartered credit unions in data breach matters involving malware attacks. Coordinated internal investigations regarding the incidents, preparing notification letters and regulatory filings in accordance with applicable state and federal laws, and providing legal support following breach notification.
  • Advised large hospital system during OCR investigation regarding the hospital's provision of auxiliary aids and services to the hearing impaired under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Investigation closed with no disciplinary action taken.
  • Advised pain management clinic regarding drug diversion matter, including reporting of the incident to the Drug Enforcement Administration (DEA) and implementation of controlled substance recordkeeping policies and procedures. Assisted with subsequent DEA investigation and audit by responding to the DEA's requests for information regarding the diversion incident and the clinic's controlled substance records. No disciplinary action has been taken against the clinic.
  • Assisted two home health agencies with the development and implementation of comprehensive compliance programs addressing fraud and abuse prevention under the Stark Law and the Anti-Kickback statute, health information privacy under HIPAA and Texas law, and operational issues associated with regulations promulgated by the Texas Department of Aging and Disability Services.
  • Advises hospitals, academic medical centers, pharmacies, physicians, and business associates regarding development, implementation, and review of health information privacy policies and procedures pursuant to HIPAA and applicable state law. Assists these entities in periodically revising privacy policies and procedures in response to statutory and regulatory amendments and addresses operational questions related to privacy and safeguarding of patient information.
  • Advised multiple compounding pharmacies and an industry trade organization regarding FDA regulatory issues under the Drug Quality and SEcurity Act, including facility registration, cGMP compliance, and the submission of comments and information pursuant to FDA regulatory proposals and guidance.

Recognitions

  • Certified Information and Privacy Professional (CIPP/US)

Memberships

  • American Health Lawyers Association
  • International Association of Privacy Professionals
  • Food and Drug Law Institute
  • American Bar Association
  • State Bar of Texas
  • Houston Bar Association

Services

Industries

Prior Positions

  • U.S. Department of Health and Human Services Office of Counsel to the Inspector General: Summer Law Clerk (Summer 2011)
  • University of Texas Medical Branch: Law Clerk (2010 to 2012) 
  • MD Anderson Cancer Center Department of Pulmonary Medicine: Research Assistant (2009 to 2010)
  • BioAutomation: Research and Development Chemist (2007 to 2009)

Admissions

  • Texas, 2012

Education

  • J.D., University of Houston Law Center, 2012, National Order of Scribes; Chief Articles Editor, Houston Journal of Health Law & Policy; Moot Court
  • B.S., Biology and Chemistry, Texas Tech University, 2007, Beta Beta Beta Biological Honors Society

Blog

In The Blogs

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Health Law Update
The California Court of Appeal Finds That an Employee Expense Is an Employee Expense Is an Employee Expense
September 2, 2014
Editor’s note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. On Tuesday, August 12, 2014, the California Court of Appeal (Second Appellate District) published a decision that could impact many employers...
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Health Law Update
Hospital’s Failure to Abate Patient and Visitor Violence Against Employees Results in OSHA Penalty
August 27, 2014
Hospitals, remarkably, are one of the most hazardous places to work. According to the U.S. Bureau of Labor Statistics, hospital workers have an estimated rate of 8.3 assaults per 10,000 workers compared to an estimated 2 assaults per...
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Data Privacy Monitor
When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights
August 26, 2014
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy...
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Data Privacy Monitor
Secret Service Raises Warning About Backoff POS Malware
August 25, 2014
The Secret Service, which investigates financial crimes, issued a security Alert on July 31, 2014, warning of malware named “Backoff” that was being used to steal payment card data from point-of-sale (POS) systems.  The Alert notes that...
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Data Privacy Monitor
New Jersey Becomes the Sixth State to Ban the Box for Private Employers
August 25, 2014
Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth state to ban the...
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