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Barry
S.
Herrin
Barry Herrin is a partner in the firm's Atlanta office. His practice is devoted primarily to health care and hospital law and policy, privacy law, and representation of tax-exempt organizations, with a particular emphasis in operational and governance issues, transactional matters, mergers and acquisitions, health information management issues, and compliance matters. Mr. Herrin is a frequent lecturer on medical records confidentiality matters and counsels clients regularly on HIPAA compliance. He has particularized knowledge in several unusual health care legal matters, such as involuntary sterilization, court-ordered medical procedures, "right to die" issues, physician-assisted suicide, and restrictive covenants, among others. He also edits the firm's e-newsletter, Legal HIMformation®. Mr. Herrin is a Fellow of the American College of Healthcare Executives, a Candidate for Fellowship in the American Health Information Management Association, and a certified wilderness first responder.
Education
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J.D., cum laude, Georgia State University, 1990
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B.A., summa cum laude, Georgia State University, 1987
Admissions
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Georgia, 1990
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North Carolina, 2005
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Florida, 2008
Achievements
- Recognized by Chambers and Partners, United Kingdom, as one of Georgia Leaders, Healthcare, 2009
- Martindale-Hubbell's top ("AV") Peer Review Rating *
- Champion Award, Georgia Health Information Management Association, 2004
- Boy Scouts of America: Eagle Scout; Silver Beaver Award, Atlanta Area Council; James E. West Fellow, Alapaha Area Council
- Co-author, Georgia Jurisprudence, Insurance Law volume
- Co-author, Georgia Hospital Law Manual
- Author, Georgia Health Information Management Association Legal Handbook (2002 and 2006 rev. ed.)
- Editor and Co-author, South Carolina Health Information Management Association Legal Handbook (2007 ed.)
- United States Air Force Auxiliary Lifesaving Medal and Meritorious Service Medal
- Georgia Department of Defense Humanitarian Service Award
- Claude M. Scarborough, Jr. Pro Bono Award, 1999
- Chairman, 2002 Southern Claims Conference
* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.
Professional Memberships
- Editorial Advisory Board, HIPAA Training Alert
- Editorial Advisory Board, Health Information Compliance Alert
- American Bar Association, Health Law Section (Vice-Chair for Membership)
- American Health Lawyers Association
- American College of Healthcare Executives: National Book of the Year Committee (2006–2009)
- Georgia Association of Healthcare Executives: Bylaws Committee Chair (2006-2007); Finance Committee Chair (2007-present)
- Florida Academy of Healthcare Attorneys
- Georgia Academy of Healthcare Attorneys
- North Carolina Society of Health Care Attorneys
- Health Law Sections, State Bars of Florida, Georgia, and North Carolina
- American Health Information Management Association: Privacy and Security Practice Council (2004-2006); Action Community for e-HIM Excellence (2007-present)
- Executive Committee Member and Faculty Member, Southern Claims Conference (2000-2003)
- Georgia State University College of Law Graduate Leadership Council (2000-2004)
Civic and Community Service
- Boy Scouts of America: Life Member, National Eagle Scout Association; Troop Committee Chair, Boy Scout Troop 135, Roswell, Georgia
- National Legal Officer, United States Air Force Auxiliary (Civil Air Patrol)
- Certified Lay Speaker, North Georgia Conference, United Methodist Church
Publications
- "Release of Information on Deceased Patients," Journal of AHIMA, January 2009
- "Professional practice Solutions: Releasing Records from Other Providers," Journal of AHIMA, November/December 2008
- "Healthcare Leadership Lessons from the Military," Atlanta Hospital News, November 2008
- "Outsourcing HIM Functions to Europe: A Perilous Atlantic Crossing", Journal of AHIMA, September 2008
- "Identity Proofing - Just a Fancy Name for Verification?" - Journal of the American Health Information Management Association, May 2007
- "Security Rule Blues – The Compliance Deadline Has Passed – Now What?" – Physicians Practice, May 2005
- "Informed Consent, It's Not Just a Piece of Paper" – Physicians Practice, April 2005
- "Trash It!" – Eli's HIPAA Training Alert, Volume 3, Number 4, April 2004
- "HIPAA Q&A" – Eli's HIPAA Training Alert, Volume 3, Number 4, April 2004
- "Pay For Performance: The Case For Quality As An Integrating And Incentivizing Factor" – Health Lawyers News, February 2004
- "Practical Considerations of HIPAA Privacy Rules: Dispelling the Myths, Raising Awareness" – Clinician News Magazine, January/February 2003
- "Health Information Privacy: A New Burden for Self-Insured Employers" – Health Care Buyer Magazine, December 2002/January 2003
- "Tales from the Dark Side: Real Privacy Nightmares from HIPAA Assessment Engagements" – American Health Lawyers Association's Hospitals and Health Systems Rx, Vol. 4, Issue 2 (Winter 2002)
- "Recent Revisions to Georgia Hospital Licensure Regulations" – Georgia Hospital Association's Regulatoryline, December 20, 2002
- Co-Author of "Advance Directives: Who's in Control?" – North Carolina Lawyers Weekly, November 25, 2002
- "Georgia's New 'Survivor' Rule: Winning the 'Immunity Challenge'" – Greater Atlanta Health Information Management Society Newsletter, October 14, 2002
- Co-Author of "HR Departments Need to Prepare for Upcoming Deadline" – Triad Business News, May 31, 2002
Presentations and Speaking Engagements
- "The Legal EHR: Beyond Definition," American Health Information Management Association Legal EHR Conference, Chicago, Illinois, August 2008
- "HIPAA Privacy: A Four Year Look Back," Georgia Health Information Management Association Annual Meeting, Atlanta, Georgia, August 2007
- "Everything I Need to Know About Leadership I Learned in the Boy Scouts," American Health Information Management Association AOE Symposium, Chicago, Illinois, July 2007
- "Issues Surrounding Defining the Legal Electronic Health Record," American Health Information Management Association Legal EHR Symposium, Chicago, Illinois, June 2007
- "Moving Health Information in an Emergency," Florida Health Information Management Association Annual Meeting, Orlando, Florida, June 2007
- "Moving Health Information in an Emergency," National Emergency Management Summit, New Orleans, Louisiana, March 2007
- "Disaster Response and Business Continuity: Lessons from Hurricane Katrina," American Health Information Management Association Annual Conference, Denver, Colorado, October 2006
- "HIPAA Privacy: A Three Year Look Back," Thirteenth National HIPAA Summit, Washington DC, September 2006
- "Teaching Legal and Ethical Aspects in the Age of the EHR – HIM 'At The Movies'," American Health Information Management Association AOE Symposium, Nashville, Tennessee, June 2006
- "Practical and Legal Considerations in Establishing a Personal Health Record," California Health Information Association Annual Meeting, Rancho Mirage, California, June 2006
- "HIPAA Privacy: Tales from the Dark Side," Arkansas Health Information Management Association Annual Meeting, Hot Springs, Arkansas, May 2006
- "Practical and Legal Considerations in Establishing an Electronic Health Record," Twelfth National HIPAA Summit, Washington DC, April 2006
- "Planning for Pandemonium: Preparing for Pandemic Flu and Other Disasters – Part V: Health Information Issues," American Health Lawyers Association, National Audio Seminar, February 2006
- "Practical and Legal Considerations in Establishing a Personal Health Record and the Role of the Personal Health Information Manager," American Health Information Management Association Annual Conference, San Diego, California, October 2005
- "State and Federal Audits," PhyStar Physician Practice Managers Annual Meeting, Destin, Florida, October 2005
- "Pay for Performance: Using Quality as Your Benchmarking Standard," Professional Association of Health Care Office Managers Annual Meeting, Louisville, Kentucky, September 2005
- "Release of Information: End the Frustration," Georgia Health Information Management Association Annual Meeting, Stone Mountain, Georgia, August 2005
- "Impacts of Pay for Performance in the Self-Funded Arena," Georgia Chapter of the Healthcare Financial Management Association, Annual Summer Meeting, Hilton Head, South Carolina, July 2005
- "State and Federal Audits," Medical Association of Georgia, Law and the Physician Symposium, Amelia Island, Florida, July 2005
- "Teaching HIPAA Compliance: Tales from the Dark Side," American Health Information Management Association AOE Symposium, St. Louis, Missouri, June 2005
- "Solutions to Sticky HIPAA Issues," American Health Information Management Association National Audio Seminar, April 2005
- "HIPAA Security Risk Analysis: The Health Plan and Provider Perspective," Workgroup for Electronic Data Interchange Fall 2004 Conference, Atlanta, Georgia, November 2004
- "Release of Information: Cutting Through the Frustration," Institute for Continuing Legal Education in Georgia, 20th Annual Medical Malpractice Institute, Amelia Island, Florida, November 2004
- "Legal Issues in Health Care," Georgia Association of Healthcare Executives Diplomate Tutorial, Emory University, Atlanta, Georgia, November 2004
- "Corporate Compliance – Or Corporate Complacency?" North Carolina Chapter of the American Society of Healthcare Risk Managers, Greensboro, North Carolina, November 2004
- Guest Lecturer, Darton College Health Information Technology Program, Albany, Georgia, October 2004
- "HIPAA and Security: What You Really Need to Know," Georgia Health Information Management Association Annual Meeting, Macon, Georgia, September 2004
- "Pay for Performance: How Quality Can Help You Integrate With Physicians in Managed Care," Dixon Hughes Healthcare Financial Strategies Conference, Charleston, South Carolina, May 2004
- "HIPAA For Self-Insured Employers and Third Party Administrators," Lorman Education Services, Tampa, Florida, March 2004
- "HIPAA For Self-Insured Employers and Third Party Administrators," Lorman Education Services, Pensacola, Florida, February 2004
- "Privacy Nightmares and Practical Solutions," American Health Lawyers Association Technology and Health Law Forum, San Francisco, California, October 2003
- "HIPAA's Application to Emergency Medical Services," Georgia EMS District III Directors Meeting, Marietta, Georgia, June 2003
- "HIPAA for Self-Insured Employers in Georgia," Lorman Education Services, Albany, Georgia, January 2003
- "Advance Directives and Physician Assisted Suicide," Rockdale Hospital and Health System Grand Rounds, Conyers, Georgia, January 2003
- "HIPAA Compliance for Third Party Administrators and Self-Funded Health Plans," Tampa, Florida, November 2002
- "HIPAA Compliance for Third Party Administrators and Self-Funded Health Plans," North American Group Underwriters Association Winter Meeting, Denver, Colorado, November 2002
- "HIPAA Requirements for Hospital Chaplains and Volunteers," Georgia Society of Healthcare Chaplains Annual Meeting, St. Simons Island, Georgia, September 2002
- "HIPAA: Is It Out of Control?" 24th Annual Health Law Forum, East Carolina University Brody School of Medicine, Greenville, North Carolina, September 2002
- "Legal Implications of HIPAA," Crisp Hughes Evans Facility Management Conference, Charleston, South Carolina, May 2002
- "HIPAA Obligations of Insurers and Third Party Administrators," Southern Claims Conference, Orlando, Florida, April 2002
- "Confidentiality of Medical Records," Georgia EMS District III Directors Meeting, Marietta, Georgia, July 2001
- "HIPAA for Insurers: An Overview," Southern Claims Conference, Memphis, Tennessee, April 2001
- "Medical Records and Litigation," Roswell Volunteer Fire & Rescue Department In-Service Training, Roswell, Georgia, July 2000
- "Healthspeak: The New Vocabulary of Health Care Reform," Southern Claims Conference, Panama City Beach, Florida, June 1998
- "Malpractice Liability for Health Care Insurers," Southern Claims Conference, New Orleans, Louisiana, May 1997
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