Kathryn Carey

Associate

Houston
T +1.713.646.1353
F +1.713.751.1717

Overview

Kathryn Carey is a member of the firm’s Privacy and Data Protection team, where she concentrates her practice on advising healthcare clients on a variety of matters, with a focus towards data breach response and regulatory issues. Kathryn understands the importance of prioritizing and preserving a high standard of patient care, while handling the unique challenges that healthcare providers face in a world with constant and developing threats to data and patient privacy. Kathryn is well versed in the Health Insurance Portability and Accountability Act (HIPAA), as well as the various state health care and data protection laws. Additionally, she works closely with her clients to develop HIPAA compliant privacy and security policies and procedures, including security risk assessments.

In addition to her extensive work with HIPAA and privacy and data protection, Kathryn’s background includes advising clients on fraud and abuse issues, structuring complex transactions, and drafting and negotiating contracts for a variety of different healthcare providers and entities. She has counseled numerous clients on responding to data breaches, state attorney general investigations and OCR investigations. She is well versed in preparing incident response plans, programs and policies to provide advantageous litigation postures, and focuses on analyzing incidents for legal obligations under state and federal law. In addition, she is experienced in evaluating contracts to assess potential cybersecurity issues, as well as providing vendor management advice.

Select Experience

  • Drafted billing and transportation policies for ambulatory surgical centers.
  • Assisted in drafting proposed legislation to amend Codey law. 
  • Advised physicians and physician practice groups on regulatory schematics.
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Experience

  • Drafted billing and transportation policies for ambulatory surgical centers.
  • Assisted in drafting proposed legislation to amend Codey law. 
  • Advised physicians and physician practice groups on regulatory schematics.

Recognitions and Memberships

Memberships

  • American Health Lawyers Association
  • New Jersey State Bar Association

Industries

Prior Positions

  • Mass Tort Law Clerk for the Honorable Brian R. Martinotti, Superior Court of New Jersey, Law Division, Civil Part (2013 to 2014)
  • University of Medicine and Dentistry of New Jersey, Legal Management: Intern (2012)
  • Intern for the Honorable Dennis M. Cavanaugh, United States District Court for the District of New Jersey (2010 to 2011)

Admissions

  • New York
  • New Jersey
  • [Not admitted in Texas]

Education

  • J.D., Seton Hall University School of Law, 2013, Moot Court Board
  • B.A., Fordham University, 2010

Blog

In The Blogs

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Data Privacy Monitor
HHS Releases Interim Guidance on Authorizations for Research
By Kathryn Carey
July 18, 2018
The Department of Health and Human Services (HHS) recently released interim guidance on sufficiency of authorizations for future uses or disclosures of protected health information (PHI) for research purposes. The Health Insurance...
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Data Privacy Monitor
OCR Announces Intention to Move Forward With Development of Methodology to Distribute Enforcement Funds to Victims of HIPAA Violations
By Kathryn Carey, Lynn Sessions
June 15, 2018
The Office for Civil Rights (OCR) updated its agenda, outlining proposed and final rules as well as pre-rule document releases for 2018. A notable, and highly anticipated, advance notice of proposed rulemaking included on the agenda...
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Data Privacy Monitor
11th Circuit Issues Opinion Vacating Order That Required LabMD to Overhaul Its Data Security Program
By Kathryn Carey, Aaron R. Lancaster
June 8, 2018
On June 6, the 11th Circuit issued its long-awaited decision on LabMD Inc. v. Federal Trade Commission, vacating as unenforceable the Federal Trade Commission’s (FTC’s) cease and desist order that required LabMD to create and implement a...
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