Florham Park, NJ – Deborah A. Cmielewski, Partner at Schenck, Price, Smith & King LLP was featured in Healthcare Risk Management/Relias.com.

The article, “Computer Disposal Not Simple When PHI Involved,” discussed the concerns of properly disposing of computers when they might contain protected health information (PHI).

According to Cmielewski, “HIPAA strictly controls how covered entities can dispose of such hardware. PHI on electronic media needs to be purged, destroyed, or cleared (overwritten) according to National Institute of Standards and Technology standards.”

“Even in this day and age, it is shocking how many regulated entities routinely discard computers, drives, and disks by throwing them into a dumpster behind the building because it is quick and easy, or an untrained staff member does not realize the potential impact of the mistake. In addition, it’s not uncommon to hear of providers who send someone out into the courtyard with a hammer and utilize the seemingly quick and easy method of ‘destroying’ the device.”

She continued, “[a] prudent provider engages a data destruction vendor that specializes in HIPAA-compliant disposal of PHI on computers and similar devices. That entity will deliver a certificate of destruction and peace of mind along with it. Remember to sign a business associate agreement with the vendor, ensuring that it maintains the appropriate physical, administrative, and technical safeguards as required by HIPAA.”

“We are very fortunate to have resources at SPSK that are authorities in their specialties,” said John E. Ursin, Managing Partner. “It is great to see Deborah providing guidance in respected publications. She is at the top of her field and a great asset to our firm. I particularly like that she strives to provide technical guidance with very practical advice that is user friendly for SPSK clients.”

To read the article in its entirety, please click here: https://bit.ly/4fgapS1

For more information on the firm, please contact Deborah Cmielewski, Esq., Partner; Chair, Marketing and Business Development Committee at dac@spsk.com or 973-540-7327.

ABOUT DEBORAH A. CMIELEWSKI:

Deborah A. Cmielewski is a member of the Health Care Law and Corporate Practice Groups and co-chair of the Firm’s Pharmaceutical Industry and Pharmacy Practice Group. Debbie has also served as a member of the Firm’s Management Committee.

Debbie advises and counsels health care providers, including hospital systems; physicians; providers of services to the intellectually and developmentally disabled; mental health and substance use disorder facilities; long term care facilities and home care agencies. She also advises pharmaceutical manufacturers and myriad vendors in the healthcare space. Debbie has significant experience in the representation of regulated professionals before administrative agencies in both health and non-health related professions. She also lectures frequently on health care and human resources topics and provides workplace compliance training in a variety of areas, including HIPAA and 42 CFR Part 2.

Debbie previously served as Vice President, General Counsel of Armada Health Care LLC (n/k/a Asembia), where she also oversaw the compliance and human resources functions in the organization. She has over 20 years’ experience as a practicing attorney, holding key positions in health care corporate law and commercial/bankruptcy litigation. Early in her legal career, Debbie served as Chief of Regulatory Affairs for the New Jersey State Division of Consumer Affairs. Debbie holds a B.B.A in Finance From Pace University, and a J.D from Seton Hall University.

ABOUT SCHENCK, PRICE, SMITH & KING:

Schenck, Price, Smith & King is a full-service law firm with offices in Northern New Jersey and Manhattan, serving closely held, growing companies. For 112 years, Schenck Price has represented commercial businesses, individuals, public institutions and charitable organizations with excellence and integrity. We are proud that, in addition to their expertise and experience as legal practitioners, our attorneys have served in positions of leadership in public institutions, as well as community and charitable organizations.

Founded in 1912 as a two-person law firm in Morristown, Schenck Price has entered its second century of service as a firm of 80+ attorneys, serving virtually all legal needs of businesses and individuals. Our Firm’s long history of legal excellence in the areas of health care, education, construction, trust and estate planning, corporate law, real estate, insurance defense, banking and commercial litigation, has expanded as the Firm has grown. Our areas of practice also include telecommunications, technology, environmental law, corporate governance, labor and employment law, and family law. Many of our attorneys have been recognized as leaders in their respective practice areas.