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. The 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. The investigations closed with no disciplinary action taken.
  • Assisted two state chartered credit unions with data breach matters involving malware attacks by coordinating 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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Data Privacy Monitor
New Hampshire Enacts Breach Notification Requirement for the Department of Education
July 7, 2015
The state of New Hampshire recently enacted House Bill 322 (“HB 322”), which requires the Department of Education (“DOE”) to implement additional procedures to protect student and teacher data from security breaches. Those procedures now...
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Health Law Update
Proposed 340B Rule Would Impose Penalties for Overcharging, Plus Other Charges
July 7, 2015
A recently-released proposed rule would impose civil monetary penalties on drug manufacturers that intentionally overcharge healthcare providers for medications purchased under the 340B Discount Drug Program. The proposed rule, if it is...
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Health Law Update
HHS OIG Creates New Taskforce to Pursue Civil Monetary Penalties and Exclusions
July 6, 2015
If you have any questions concerning this article, please contact: B. Scott McBride at smcbride@bakerlaw.com or 713.646.1390; Greg Saikin at gsaikin@bakerlaw.com or 713.646.1399 from our Healthcare Investigation and Enforcement team; John...
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Data Privacy Monitor
As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority Over Online Services
July 2, 2015
The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to its 2010 Open...
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Health Law Update
“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs
July 1, 2015
Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards Earlier this month a Texas federal district court judge granted a motion by Teladoc...
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