Karma Koala Podcast 252: Victoria Cvitanovic Of Counsel @ Ruddick Law Group Psychedelics, Cannabis HIPAA & Data Privacy

 

 

 

 

 

 

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I recently noticed Victoria raise the topic on Linked In and nobody is really talking about the issues with regard to cannabis and psychedelics medical treatments and therapies in a public forum so I thought it more than worthwhile to hear her thoughts and especially so with regard to HIPAA

Every US citizen has HIPAA ingrained in their brain but those of us outside the US might be a little less aware (see information below)

Victoria explains the intersections and protections individuals availing themselves of psychedelic and cannabis treatments may or may not have.

HIPAA, or the Health Insurance Portability and Accountability Act, is a US federal law designed to protect the privacy and security of patients’ health information. It establishes standards for how covered entities, including healthcare providers and health plans, handle and protect patient information. HIPAA also mandates that business associates, who work with covered entities and their PHI, also comply with the act

What HIPAA Covers:
Protected Health Information (PHI):

This includes any individually identifiable health information, such as medical records, billing details, and even information about a patient’s family history. 

Covered Entities:

These are healthcare providers, health plans, and healthcare clearinghouses. 

Business Associates:

Individuals or organizations that work with covered entities and access PHI on their behalf, such as billing services or IT vendors. 

Key Components of HIPAA
The Privacy Rule:
This rule sets standards for how covered entities can use and disclose PHI, including when they need patient consent or authorization.
The Security Rule:

This rule outlines the administrative, technical, and physical safeguards required to protect electronic PHI (ePHI) from unauthorized access or disclosure. 

Consequences of Non-Compliance
Violations of HIPAA can result in: 

Civil penalties: Fines for breaches of patient privacy.
Criminal penalties: In certain circumstances, intentional violations can lead to imprisonment.
Reputational damage: A breach of patient privacy can severely damage the reputation of a covered entity. 

Achieving HIPAA Compliance
Compliance requires a multi-faceted approach, including:
Implementation of policies and procedures:

Covered entities must have written policies and procedures in place to ensure they are adhering to HIPAA regulations. 

Training for staff:

Employees must be trained on HIPAA requirements and how to protect PHI. 

Use of appropriate technology:

Covered entities must use secure technology to protect ePHI, such as encryption and firewalls. 

Regular audits:
Covered entities should conduct regular audits to ensure they are compliant with HIPAA regulations. 

 

 

Victoria Cvitanovic Of Counsel @ Ruddick Law Group

A Trial-Tested Litigator turned Healthcare and Business Strategist: Victoria’s legal expertise empowers clients to comply with complex regulations while offering patients and consumers superior and impactful experiences. A former prosecutor and litigator on behalf of healthcare providers, insurance companies, and large corporate clients in the technology industry, Victoria’s extensive litigation background empowers Cannabis and Psychedelic Medicine businesses to avoid common pitfalls and grow strategically in a complex regulatory environment. Likewise, Victoria’s expertise as a negotiator, litigation portfolio manager, and contract builder ensures that her clients maintain an upward trajectory in these growth-edge industries.

Practice Areas

  • Psychedelic Medicine Law
  • Cannabis Law
  • Regulatory Compliance
  • Healthcare Law
  • Commercial Transactions
  • Contracts
  • Supply Chain Logistics
  • Medical Malpractice
  • Litigation Portfolio Management
  • Data Privacy
  • Insurance

Education

Mississippi State University, BA Political Science
Paul M. Hebert Law Center at Louisiana State University, JD/M.C.L., 2015

Bar Admissions

Louisiana
Eastern, Middle, and Western Federal Districts of Louisiana  

New Mexico

Honors & Awards
  • President, Kinship Center Board of Directors
  • Young Lawyers Liaison, New Mexico Bar Cannabis Section
  • Secretary, New Mexico Bar Cannabis Section
  • Committee Member, New Mexico Lawyers Assistance Program
  • Associate, Louisiana Law Review
  • Wex Malone Inns of Court, Recipient Excellence in Trial Advocacy

 

Victoria Cvitanovic is a psychedelic medicine and cannabis attorney at Rudick Law Group, PLLC specializing in matters such as commercial transactions, regulatory compliance, state licensing, insurance, supply chain logistics, medical malpractice defense, medical board defense, and corporate law. Victoria leverages her diverse experience across criminal law, healthcare regulatory law, logistics, and litigation portfolio management to act as a strategic partner to her clients, mitigating risk in multiple interdisciplinary aspects of their growing businesses.

Victoria first witnessed the need for sophisticated representation in the cannabis and psychedelic medicine spaces as a prosecutor for the State of Louisiana, Parish of Orleans, where she handled a substantial felony docket, made charging decisions in violent criminal cases, managed and obtained indictments before grand juries, tried numerous cases to verdict, and rose to become the Chief of the Juvenile Division, making her the youngest person to obtain a “Chief” rank in that office at that time. As a prosecutor, Victoria advocated for diversion, addiction treatment options, and hybrid sentencing options. After transitioning out of prosecution, Victoria defended doctors and hospital networks on behalf of both the state of Louisiana and private insurance companies, securing verdicts on behalf of healthcare providers at both the pre-panel and post-panel levels and before various professional regulatory bodies. These successes led Victoria to become a contract drafter, a regulatory advisor, a tactical ally in structuring, securing, and enforcing complex settlement agreements, and a strategic partner to her healthcare clients. During this time, Victoria’s lifelong interest in technology, data privacy, and supply-chain logistics led her to litigate on behalf of several large corporate technology companies. Once again, Victoria’s courtroom success led clients to seek out her strategic advice, leading her to perform litigation portfolio management, contract development, and technological/trade secret discovery management to ensure consistent success across business lines and jurisdictions.

Victoria’s personal experiences drive strategic growth for her clients.  After a life-altering injury, Victoria experienced the transformative power of psychedelic medicine and cannabis therapy as a patient. Chronic pain drove her to set a goal of bringing together her litigation, healthcare, and strategic business experience to ensure patients and others in need of access to these modalities. Now, Victoria provides high quality legal services to a variety of psychedelic medicine and cannabis businesses and healthcare providers, with an emphasis on Ketamine-Assisted Therapy (KAT/KAP) providers, Cannabis medical markets, Cannabis recreational markets, emerging Psilocybin medical and therapeutic programs, Cannabis supply chain logistics, and Psychedelic supply chain logistics‍

Victoria is a frequent speaker and guest on psychedelics podcasts. She is a prolific psychedelic policy commentator on LinkedIn, where she provides updates on breaking news, litigation, and legislation affecting the Louisiana and New Mexico markets. She is also a dedicated Zen Buddhist and meditation and yoga instructor, focusing on making these practices accessible to other chronic pain patients.

https://www.rudicklawgroup.com/people/victoria-cvitanovic



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