Lynn Sessions

Partner

Houston
T +1.713.646.1352
F +1.713.751.1717

"She's incredibly levelheaded, she's very, very smart – she knows the privacy space inside and out and gives us really great guidance."

— Chambers USA 2017

Overview

With more than 20 years of working with healthcare industry clients, Lynn Sessions focuses her practice on healthcare operations and regulatory work, with an emphasis on healthcare privacy and data security, breach response, and Health Insurance Portability and Accountability Act (HIPAA) compliance. Having previously served as in-house counsel and director of several departments at a nationally ranked children’s hospital, Lynn collaborates closely with healthcare clients and approaches her legal representation from a client’s perspective. 

Lynn is a frequent speaker on a range of topics affecting health industry clients, including HIPAA compliance, data breach response, cyber and network security, enterprise risk management, the Emergency Medical Treatment and Labor Act (EMTALA), handling adverse patient events, and insurance and risk financing. Lynn is also a regular contributor to BakerHostetler’s “Data Privacy Monitor” blog, available at www.dataprivacymonitor.com, as well as the Health Law Update.

Select Experience

Privacy and Data Security 

  • Has handled more than 300 healthcare data breaches, including several of the largest breaches reported to date. In her representation, provides counsel to healthcare providers and other covered entities on breach analysis; breach response; crisis management with patients, media and employees; and regulatory notification obligations to the Office for Civil Rights (OCR) and state attorneys general.

Operations and Regulatory Practice 

  • Regularly advises hospitals on EMTALA.
  • Conducted an audit of a top children’s hospital’s risk management department and advised on departmental and operational changes for improved function within the hospital.
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Experience

Privacy and Data Security 
  • Has handled more than 300 healthcare data breaches, including several of the largest breaches reported to date. In her representation, provides counsel to healthcare providers and other covered entities on breach analysis; breach response; crisis management with patients, media and employees; and regulatory notification obligations to the Office for Civil Rights (OCR) and state attorneys general.
  • Has responded to more than 75 post-breach investigations from the OCR and state attorneys general arising from large and small data breaches reported by covered entities, and has successfully defended healthcare organizations in these investigations.
  • Represents educational institutions regarding data breaches, including breach analysis, breach response, crisis management and regulatory reports.
  • Advises clients on HIPAA compliance, including preparation of policies and procedures, notice of privacy practices, business associate agreements, and incident response plans. Works with healthcare organizations post-data breach to strengthen safeguards under HIPAA and implement corrective action plans.
  • Advises with large non-healthcare employers on HIPAA issues for their self-insured health plans and with on-site provider clinics on HIPAA compliance, including policies and procedures, business associate arrangements, and sharing of employee information. 
Operations and Regulatory Practice 
  • Regularly advises hospitals on EMTALA.
  • Conducted an audit of a top children’s hospital’s risk management department and advised on departmental and operational changes for improved function within the hospital.
  • Develops and enhances credentialing and peer review processes for hospitals and physician groups.
  • Advises hospitals and large physician practices on informed consent, release of patient information, affiliation agreements and privileging of peer review and quality review activities. 

Recognitions and Memberships

Recognitions

  • Chambers USA
    • Nationwide Privacy & Data Security (2017)
    • Healthcare in Texas (2014 to 2017)
  • National Law Journal "Cybersecurity Trailblazer" (2016)
  • Burton Award: Distinguished Writing Award for "Anatomy of Healthcare Data Breach" (2013)
  • American Leadership Forum: Senior Fellow
  • Texas Bar Foundation: Fellow
  • Texas Super Lawyers "Rising Star" (2005)
  • Rice University, Jesse H. Jones School of Management Executive Education: Executive Education in Medical and Healthcare Management Certification
  • Texas Children's Hospital: Advanced Quality Improvement and Patient Safety Certification
  • Development Dimensions International: Strategic Leadership

Memberships

  • American Health Lawyers Association
  • AHLA Enterprise Risk Management Task Force: Vice Chair
  • American Society for Healthcare Risk Management
  • Risk and Insurance Management Society
  • American Bar Association
  • Houston Bar Association

Community

  • Children at Risk: Board of Directors, Chair of Development
  • Immunization Partnership: Board of Directors

Prior Positions

  • Texas Children's Hospital: Director and In-House Counsel (2004 to 2011)

Admissions

  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • Texas

Education

  • J.D., Baylor Law School, 1993, Order of Barristers
  • B.A., Texas A&M University, 1989

Blog

In The Blogs

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Data Privacy Monitor
Moving Beyond Passwords – Does Your Face Raise Privacy Concerns?
November 8, 2017
Phishing attacks continue to be the root cause of a considerable number of data breaches. Typically, these incidents occur when employees are enticed into giving up their login credentials in response to a cleverly designed, yet fake...
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Data Privacy Monitor
From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings
By Alan L. Friel, Melinda L. McLellan
November 7, 2017
On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online services...
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Data Privacy Monitor
Deception and Unfair Practices Come Preinstalled
By Alan L. Friel
October 23, 2017
Lenovo, a manufacturer of personal computers, recently agreed, among other things, to implement a software security program in a settlement with the Federal Trade Commission (FTC) over issues with third-party software preinstalled on some...
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Data Privacy Monitor
FTC Takes Action Against Individual Social Media Influencers
By Stephanie A. Lucas
September 26, 2017
Advertisers’ and brands’ use of social media influencers has continued to grow in importance as brands seek to reach new consumers while marketing to a widespread demographic. Traditionally, influencers are known as people who leverage...
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Data Privacy Monitor
European Court Provides Further Clarity on Employee Monitoring
By Emily R. Fedeles, Nichole L. Sterling
September 20, 2017
The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Barbulescu...
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