Author Archives: wdillon

William Dillon has been designated as a Certified Information Privacy Professional/United States, by the International Association of Privacy Professionals

William Dillon – Certified Information Privacy Professional
Tallahassee, Fla. (July 24, 2017)

Messer Caparello, P.A., is pleased to announce that William Dillon, a shareholder and attorney practicing in its full-service Tallahassee firm, has been designated as a Certified Information Privacy Professional/United States, “CIPP/US”, by the International Association of Privacy Professionals, “IAPP”. The IAPP is the world’s largest and most comprehensive information privacy organization that helps define, support and improve the privacy professional globally. The CIPP/US designation is awarded to individuals that demonstrate, via experience, training and testing, mastery of privacy related laws and concepts, across all areas, for private sector entities in the United States.

In addition to being designated as a Certified Information Privacy Professional, Mr. Dillon is certified by the Florida Bar as a Specialist in the area of Health Law. He is also holds a certification in healthcare compliance, “CHC”, from the Health Care Compliance Association.

The law firm of Messer Caparello, P.A., located in Tallahassee, Florida, is a full-service legal organization. The firm combines the finest legal traditions of Florida’s “Capital City,” with the creative problem-solving skills necessary to resolve today’s complex legal challenges. The firm and its members embody a spirit of true professionalism, as evidenced by service to the client, to the system of justice, and to the public. As a result, the firm represents a diversity of clients across the full spectrum of judicial, administrative, and public policy forums. www.lawfla.com

Contact: William Dillon, Tanya Weiss, Messer Caparello, P.A., (850) 222-0720 or tweiss@lawfla.comContinue Reading William Dillon has been designated as a Certified Information Privacy Professional/United States, by the International Association of Privacy Professionals

Girl Scouts announce Women of Distinction

Special to the Chronicle 9:40 p.m. EDT October 11, 2015

On Tuesday, October 6th, at 12:00 p.m., thirty three women nominated for the 2015 Women of Distinction awards were announced at a luncheon at Capital City Country Club, Tallahassee, FL. A program inspired by Girl Scouts nationally, and hosted locally by the Girl Scouts of the Florida Panhandle, the Women of Distinction awards honor women who truly demonstrate their commitment to the community.

“The women chosen for this year’s Women of Distinction nominees’ set an excellent example for our girls and the opportunities for women in positions of leadership and service to the community” stated Raslean M. Allen, Girl Scout Council of the Florida Panhandle, Inc. chief executive officer. “The finalists are women who exemplify the characteristics of courage, confidence, and character, who make the world the better place, the mission of Girl Scouts.”

Nominated by members of the community, the women represent a cross section of the community. All nominees will be honored by the Girl Scouts of the Florida Panhandle during the 2015 Women of Distinction Awards Gala, November 19, at the Florida State University Alumni Center.

Seven women will be selected from among the finalists as 2015 Women of Distinction honorees, including the selection of the 2015 Diamond Award and Pearl Award recipients, respectively.

They join the 142 women in the Florida Panhandle who have been honored as Women of Distinction since the program’s inception in 1998.

This year’s finalists are:

  • Dr. Shirley Aaron, Community Volunteer
  • Meg Baldwin, Refuge House
  • Betsy Barfield, Jefferson County Commission
  • Jane Barron, Red Hills Horse Trials, Inc.
  • Jean Bates, Lucy and Leo’s Cupcakery
  • Jane Floyd Bullen, Gretchen Everhart & Pace
  • Pamela Butler, Aegis Business Technologies
  • Diana Cohn, Children’s Legal Services, DCF
  • Heidi Copeland, UF/IFAS Leon County Extension
  • Carol Dover, FL Restaurant & Lodging Assoc.
  • Dr. Debra Fadool, Florida State University
  • Willie Mae Footman, Community Volunteer
  • Arlecia Harris, City of Tallahassee
  • Dr. Cynthia Hughes Harris, FAMU
  • Lucy Ho, Masa and AZU Restaurants
  • Marion Hoffman, University of Florida
  • Janelle Irwin, Hang Tough Foundation
  • Liz Joyner, The Village Square
  • Susan LaJoie, Florida State University
  • Diane McCain, State University System of Florida
  • Alexis Roberts McMillan, Economy Drug Store
  • Deborah Moore, Guardian Ad Litem, Circuit 2
  • Rosie Richeson, The Outlet
  • Pamela Ridley, Sentry Self Service Storage
  • Estic Rollings, Rollings Foundation
  • Gigi Rollini, Messer Caparello, P.A.
  • Alice Sims, Ernie Sims Big HITS Foundation
  • Teresa Stevenson, St. Francis Wildlife Assoc.
  • Bette Sullivan, Community Volunteer
  • Nicole Tremblay, Exp.
  • Christina Williams, Young Actors Theatre
  • Dr. Gale Workman, Tighter Brighter Communication
  • Peggy Youngblood, Leon County Schools

The Women of Distinction Awards Gala begins at 5:30 p.m. with a social hour and silent auction. A variety of silent auction items range from themed baskets to gift cards. Additionally, the festivities include a live auction of fine jewelry from local jewelers.

The dinner and awards program begin at 6:30 p.m. Tickets for this year’s event are now on sale at all Girl Scout Service Centers. Individual tickets are $125 each. Tickets are also included in sponsorships packages ranging from Gold Sponsor: $2,000 (Table of 8), Silver Sponsor: $1,000 (Table of 4) to Bronze Sponsor: $500 (2 tickets).

The Women of Distinction Awards Gala also raises funds to provide 5,019 girls with Girl Scouting programs and activities across the service area. “We are grateful to the businesses who have chosen to be a part of this special occasion”, stated Irene Field, Girl Scouts of the Florida Panhandle, chief fund development officer. For more information on becoming a sponsor contact Irene Field at 850-873-3999 ext. 1202, or toll free at (888) 271-8778, or email ifield@gscfp.org.

Gigi Rollini has been named a 2015 “Super Lawyer” in appellate law by Super Lawyers magazine

Press Release: link

Messer Caparello, P.A., is pleased to announce that Gigi Rollini, a shareholder and attorney practicing in its full-service Tallahassee firm, has been named a 2015 “Super Lawyer” in appellate law by Super Lawyers magazine.
Ms. Rollini is a member of Messer Caparello’s Litigation & Appellate Team. Her practice focuses on Florida appellate law, general civil and administrative litigation and litigation support, and all aspects of administrative law, including licensing and regulatory matters, insurance, health and energy law.
Super Lawyers names less than 5% of Florida’s attorneys to its list each year. They are chosen through a competitive selection process that includes peer nominations and evaluations, as well as independent research into a candidate’s professional achievement, credentials, competence, experience, professional activity, pro bono work, honors, and other recognitions.
In addition to being named a “Super Lawyer,” Ms. Rollini is AV-Rated by Martindale—the highest peer rating available—in both appellate and administrative law.

She was recently named one of Florida’s “Extraordinary Woman” by the Florida Association for Women Lawyers (FAWL). Ms. Rollini is a past president of both FAWL and Tallahassee Women Lawyers (TWL), and serves as Florida’s Delegate to the National Association of Women Lawyers (NAWL).

Ms. Rollini also serves as incoming board president of America’s Second Harvest of the Big Bend, a regional food bank that serves 11 counties and 130 partner agencies in North Florida. She is a member of the 2014 Class of Tallahassee’s “25 Women to Know,” and serves on the Club 25 board as well.
Ms. Rollini is a triple Seminole, having received from the Florida State University her J.D., magna cum laude, in 2003; her M.P.A. from the Reubin O’D. Askew School of Public Administration and Policy in 2003; and her B.A. in 1997. She is a lifetime member of the FSU Alumni Association.

Gigi Rollini recognized by Florida Association of Women Lawyers

Tallahassee Democrat: link

Messer Caparello, P.A., is pleased to announce that Gigi Rollini, a shareholder and attorney practicing in its full-service Tallahassee firm, has been recognized by the Florida Association of Women Lawyers (FAWL) as one of Florida’s “Extraordinary Women.” FAWL noted in its selection that Rollini is “unquestionably . . . at the top” of her profession. Gigi is an AV-Rated “Super Lawyer” in appellate and administrative law, who has been recognized as one of Florida’s Top 40 Litigators Under 40, Florida’s Most Productive Young Lawyer, a FAWL Leader in the Law, and one of Tallahassee’s 2014 “25 Women You Need to Know.” Rollini serves on the Executive Board of America’s Second Harvest of the Big Bend, and as a pro bono lawyer to Legal Services of North Florida on cases with access to court implications. Gigi also represents adults with developmental disabilities in Florida cases of statewide impact.

Full Press Release

Rollini sees the power of the individual

Link, Tallahassee Democrat

Gigi Rollini

Gigi Rollini

Attorney Gigi Rollini’s professional success and leadership in her field reflect a basic belief that the individual matters.

“I think individually we each have the power to effect change,” she says. Rollini has seen that proven in her association work and civic activities. Furthermore, when women who share that culture, passion and energy get together, the achievements are multiplied.

Continue Reading Rollini sees the power of the individual

Messer Caparello, PA, attorney Bill Dillon to present at the Health Care Compliance Association’s Conference

Dillon-cropped-smallOn February 7, 2014, Messer Caparello, PA, attorney Bill Dillon will be presenting to the Health Care Compliance Association’s South Atlantic Regional Conference in Orlando, Florida. Mr. Dillon , who is Board Certified in Health Law by the Florida Bar, will be speaking on “Potential EHR Pitfalls for Physician Group Practices”.

FTC Action Should Serve as a Wake Up Call to Health Care Providers and Business Associates

Late in August of 2013 the Federal Trade Commission filed a complaint against medical testing company LabMD, Inc., alleging that the company failed to reasonably protect the security of consumers’ personal data, including medical information. In November of 2013, LabMD filed a Motion to Dismiss the complaint, arguing, among other things, that the FTC did not have the authority to regulate a private company’s data security practices as “unfair…acts or practices” under the FTC Act (15 U.S.C. §45(a)(1)). Included in LabMD’s argument was the contention that Congress, by enacting HIPAA, stripped the FTC of any authority that the FTCA over data security. The FTC Commissioners found LabMD’s arguments unpersuasive and in a January 16, 2014 order denied the Motion to Dismiss.

(See http://www.ftc.gov/sites/default/files/documents/cases/140117labmdorder.pdf)

Health care providers and business associates should take heed that, while such enforcement has been rare, the FTC does have the authority to take action to protect consumers in data security matters that would normally be considered within the exclusive province of the Office of Civil Rights. HIPAA covered entities and business associates that handle patient information should remain vigilant in their efforts to maintain appropriate safeguards for patient information.

William Dillon
Board Certified in Health Law

Merry Christmas from the OCR – Dermatology Practice Settles Potential HIPAA Violations

On December 24, 2013 the HHS Office of Civil Rights (“OCR”) and Adult & Pediatric Dermatology, P.C., of Concord, Massachusetts entered into a Resolution Agreement whereby the practice agreed to settle potential violations of the HIPAA privacy and security rules. The potential violations of HIPAA resulted from the theft of an unencrypted thumb drive, containing the ePHI of approximately 2,200 patients, from the car of a practice employee.

Upon being notified of the breach the OCR conducted an investigation and determined that the practice had failed to conduct and accurate and thorough analysis of potential risks to ePHI in the care of the practice. The OCR further determined that the practice did not have adequate written policies and procedures and did not adequately train employees.

The Resolution Agreement entered into between the practice and the OCR requires the practice to make a $150,000.00 payment to the OCR as well as implement a corrective action plan. The Resolution Agreement is not an admission of liability by the practice.

A copy of the Resolution Agreement may be found at:

http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/apderm-resolution-agreement.pdf

Physician practices should view this settlement as clear indication that OCR expects the compliance of all covered entities and not just large entities such as hospitals, universities and managed care entities. Physician practices that are not yet in compliance with the HIPAA privacy and security rules should take the appropriate steps to come into compliance.

William Dillon
Board Certified in Health Law

Federal Judge Concludes that Florida Statute is Preempted by HIPAA

In an order issued on September 25, 2013, Judge Robert Hinkle of the United States District Court for the Northern District of Florida has ruled that a 2013 legislative change to the presuit process for pursing a medical-negligence claim is preempted by HIPAA.

In 2013, the Florida legislature added a new requirement to Florida’s medical-negligence claim presuit process whereby an individual who was considering pursuing a malpractice claim against a health care provider would be required to sign an authorization that would allow the defendant or the defendants attorney to conduct ex parte interviews of the plaintiff’s other health care providers, limited to matters pertinent to the potential malpractice claim. The Court held, among other things, that the mandatory authorization requirement was contrary to both the judicial and administrative protections of HIPAA, which allow an individual to object to a disclosure of medical information, as well as the authorization of requirements of HIPAA. Speaking to the authorization issue, the Court stated that “An authorization signed under duress-a gun to the head, for example-is not valid.”

Case Information: Murphy v. Dulay, Case No.: 4:13cv378-RH/CAS Northern District of Florida

By: William Dillon, Board Certified in Health Law