JAN P. McDAVID
acusvn@r.postjobfree.com
EXPERIENCE
June 1998 to Present: General Counsel and Chief Compliance Officer
HealthPort Technologies, LLC
Built the law department as first in-house attorney; now manage all legal matters for this $550m
national health information management company, including:
* act as chief compliance officer, particularly as to HIPAA began the compliance function,
serving as Privacy Officer, and hired companys first compliance staffers; now the Senior
VP/Privacy Officer reports to me; we develop and instruct on policies and procedures
* manage legal department of four other attorneys, two legal assistants, three contract
administrators, and five compliance staff; accrue legal reserves and defense costs, manage
department budget
* speak/give presentations in various industry venues, including state and national conferences, as
expert on HIPAA, HITECH, the Omnibus Rule and state laws as they pertain to medical records
and other health law issues
* litigation: retain, supervise and manage outside counsel nationally on class action and other
litigation, including privacy and employment matters
* legislation: serve national trade association as Legislative Chair, retain and prepare lobbyists;
assist in drafting legislation; testify before legislative committees; write position papers; monitor
proposed legislation, interpret it and act on it
* legal counsel to company to manage risks and minimize exposure; consult with CEO and
President regarding the direction of the company; how to incorporate acquisitions into strategic
plan; how to best utilize resources; how to operationalize requirements of new laws
* contact drafting, review and negotiation, including software licenses, NDAs and BAAs, services
agreements
* review and negotiate commercial leases; negotiate vendor agreements (i.e., disaster recovery)
* author articles in trade publications; act as media liaison in areas of expertise
* work closely with regulatory agencies such as HHS/OCR on setting industry standards
* deeply involved in due diligence during mergers and acquisitions
Sept. 1994 to June 1998: Assistant Vice President-Contracts and Compliance
Equifax Credit Information Services, Inc.
* Drafted, negotiated and administered contracts including service agreements, software licenses,
credit scoring, mortgage reporting, data analysis, and risk management products
* Developed corporate policies on contracting
* Responsible for legislative compliance, including FCRA, privacy, federal and state laws, FTC
consent agreements, and agreements between company and various states Attorneys General
* Reviewed shareholder materials for Corporate Secretary
Sept. 1991 to Sept. 1994: Senior Attorney
Equifax Inc.
* Counsel on general legal issues for sales, operating and executive staffs; supervised litigation;
managed caseload of transactional matters including agreements for sales, purchasing, services,
commercial leases; responses to regulatory agencies; analyzed legislation and related compliance
issues; employment law
EDUCATION/PROFESSIONAL
* J.D. Georgia State University College of Law, American Jurisprudence Award
* B.S. Georgia State University (B.S. Criminal Justice)
* Member
State Bar of Georgia
American Corporate Counsel Association
American Health Lawyers Association
Health Care Compliance Association
Recent Articles
Why Cant Release of Records be Automated Through a Patient Portal? Hospital EMR & EHR
(March, 2015)
The Cost of Doing ROI Business, For the Record (November, 2014)
Corrective Actions for HIPAA Compliance in 2014: Practices Focus on EHR Systems and Record
Retention, Journal of Medical Practice Management (July/August 2014)
Disclosure Management - More Complicated Than Ever, For the Record (April, 2014)
Noncompliance with HIPAA Omnibus, Advance Healthcare Network (October, 2013)
HIMs Top 10 Risks for 2014 For the Record (October, 2013)
HIPAA Changes Call for Revising BA Agreements, Journal of AHIMA (May, 2013)
The ABCs of Working with BAs Health Information Technology (May, 2013).
New HIPAA Rules: Communicate and Organize, Healthcare Technology Online (February 20, 2013)
Everyday Risk Protecting Against Breach, Journal of AHIMA (April, 2012)
Five Considerations for Hospitals Releasing Medical Records to Patients Electronically, Beckers
Hospital Review (February 15, 2012)
Recent Speaking Engagements
Association of Orthopedic Executives (national)
Medical Group Management Association (national)
Association of Otolaryngology Executives (national)
Lorman Education Seminar
California Health Information Association
HIMA (Health Information Management Association) state meetings in Illinois, Kentucky, Mississippi,
North Carolina, Puerto Rico, Virginia and Wisconsin
In 2016 - California Health Information Association (June), American Health Information Management
Association (national - October)