Bio
Cynthia A. Haines is a Principal in the Firm's Health Care Practice Group and Co-Chair of its Information Privacy & Security Practice Group. She counsels and represents clients on state and federal health law and related regulatory and compliance issues, including surveys; licensure; Medicare/Medicaid; compliance; audits; accreditation; payment matters; HIPAA security and privacy compliance; insurer compliance with federal, state and local laws, regulations and policies; and voluntary disclosures.
Her clients include a variety of institutional health care providers, such as hospitals and health systems, as well as post-acute care clients, including: health insurers; continuing care retirement communities (CCRCs); long-term care facilities; personal care homes; assisted living providers; home and community based providers; LIFE programs; pharmacies enrolled in the PACE Program; hospices; rehabilitation providers, and adult day care centers.
Prior to joining Post & Schell, Ms. Haines spent 22 years as an attorney with the Commonwealth of Pennsylvania (PA). Most recently, she served as Department Counsel in the Commonwealth’s Department of Aging, where she provided legal counsel and representation to the executive agency with approximately $1 billion in state and federal funding for programs for senior citizens in PA.
Ms. Haines was counsel for review and negotiation of Department of Aging IT contracts and contract amendments, most recently, with Harmony Healthcare IT for the Social Assistance Management System (SAMS) updates and Ombudsmanager Programs. Ms. Haines served as the Pennsylvania Department of Public Welfare (now Human Services) first Privacy Officer and drafted and reviewed agency-wide contracts with IT providers for HIPAA Security and Privacy Compliance drafting and finalizing the initial HIPAA Privacy and Security Business Associate Agreements.
Ms. Haines counseled the Commonwealth on and reviewed major litigation impacting the Department; including providing significant input on proposed revisions to the Older Adults Protective Services Act and guidance on implementation of the Adult Protective Services Act.
She has appeared before: Pennsylvania’s Federal Eastern and Middle District Courts, Commonwealth Court, Superior Court, and Supreme Court; Pennsylvania’s Board of Claims, Bureau of Hearings and Appeals, Civil Service Commission, Office of Open Records, Civil Service Commission, and Human Rights Commission (PHRC); and the Equal Employment Opportunity Commission (EEOC).
Ms. Haines served as the Department of Aging’s Right to Know Law Legal Liaison, and Pennsylvania’s Older Americans Act Legal Services Developer. Ms. Haines is trained in mediation by the Governor’s Office of General Counsel, and is a continuing legal education instructor on Protective Services, confidentiality, aging services, ethics and other topics impacting elder law practice.
Prior to the PA Department of Aging, Ms. Haines served as the Director, Office of Market Analysis and Education, in the Commonwealth’s Department of Insurance, where she oversaw the Department’s two divisions responsible for Market Analysis and Consumer Liaison (education, outreach, public policy and legislative review). She also worked for over 10 years in PA’s Department of Public Welfare as an Assistant Legal Counsel, and helped defend the Commonwealth in an unprecedented class action suit brought against several agencies for early intervention services for children.
Education
- J.D., Widener University Commonwealth Law School, 1994
- B.S., Muhlenberg College, 1988
Bar Memberships
- Pennsylvania (1994)
Affiliations
- Pennsylvania Bar Association
- Dauphin County Bar Association
- National Association of Legal Services Training
- National Association of Insurance Commissioners, Consumer Board
- Widener University Mentor
Representative Experience
- Extensive Statutory and Regulatory review and drafting experience in Adult Protective Services, Older Adults Protective Services, Childcare Works, Family Caregiver Support.
- Long-term care experience in Waiver Programs, Nursing Home fee for service and Options.
- Right to Know Law
- Insurer compliance with federal, state and local laws, regulations and policies.
- LEP and ADA Compliance.
- Dom Care Certification and Adult Day Care and Assisted Living Licensing experience.
- HIPAA Security and Privacy compliance, policy and forms drafting and compliance surveys and training
- Training on Privacy and Confidentiality, Insurance Issues, Protective Services, and Ethics
Publications
- Co-Author, "Health Cos.' Biz Associate Agreements Need COVID-19 Update," Law360 (June 17, 2020)
- Co-Author, "Meaningful Use Audits: Preparation is the Best Representation," American Health Lawyers Association (AHLA) Journal of Health & Life Sciences Law (October 2016)
- Author, Original edition of the HIPAA Privacy Implementation Handbook, Pennsylvania Department of Public Welfare (Revised September 2013)
- Contributor and Editor, A Pennsylvania Guide for Guardians, (2014 Edition)
Presentations
- "HIPPA and Staff Terminations: Managing Access to Prevent Breaches," Pennsylvania Health Care Association (PHCA) 2019 Annual Convention and Trade Show, King of Prussia, PA (September 26, 2019)
- "Understanding HIPAA and Terminations of Employees to Prevent Breaches," Lorman Educations Services Webinar (June 20, 2019)
- "Siri, Alexa, and Google Home - Are Voice Assistants Invaluable Tools or Compliance Headaches?" LeadingAge PA Annual Conference and Expo, Hershey, PA (June 19, 2019)
- "Contracting with CHC MCOs," Pennsylvania Health Care Association (PHCA) Annual Convention & Trade Show, King of Prussia, PA, (November 14, 2018)
- "HIPAA and Confidentiality Hot Topics” and “SIRI, Alexa and Echo – Are Voice Assistants Invaluable Tools or Compliance Headaches?” 5th Annual PCCP Compliance and Risk Management Conference, King of Prussia, PA (October 2, 2018)
- "Community HealthChoices (CHC) Contracting: A Practical Approach," Pennsylvania Coalition of Affiliated Healthcare & Living Communities (PACAH) 2018 Fall Conference, Pocono Manor, PA (September 25, 2018)
- "Community HealthChoices (CHC) Contracting: A Practical Approach Using Lessons Learned in Phase 1," Pennsylvania Health Care Association (PHCA) webinar (September 20, 2018)
- "Hot HIPAA Topics: Breaches and Enforcement," Maryland Health Care Commission Senior Staff Summit-Growing Challenges to Securing, Using, and Transmitting PHI, Baltimore, MD (September 13, 2018)
- "Hot HIPAA Topics: Breaches, BAAs, Cameras, and Devices," PCCP Compliance and Risk Management Conference, King of Prussia, PA (October 25, 2017)
- "We Might Have a HIPAA Breach - Now What?," Lancaster Chamber of Commerce & Industry's Executive Forum for Aging Services Providers (March 7, 2016)
- "Understanding Compliance Responsibilities: What OIG Thinks Your Board Needs to Know," (co-presented with Paula G. Sanders) ACHCA 22nd Annual Winter Marketplace, Las Vegas, NV (December 5, 2015)
- “Act 95-Amendments to the Power of Attorney Act” (November 2014)
- “Financial Exploitation Investigators Enrichment Training” (October 2014)
- “Guardianship in Pennsylvania” (March 2012, October 2014)
- “Maximizing Volunteerism and Minimizing Liability” (June 2014)
- “Liability and Risk Management Issues for Area Agencies on Aging” (May 2014)
- “Ethical Issues Arising Out of Protective Services Delivery” (September 2011, March, 2013, May 2014)
- “Insurance Agents and the Apprise Program” (March 2014)
- “Confidentiality and Privacy in the Aging Network” (August 2013)
- “Ethical Issues in Serving and Protecting Older Adults” (May 2013)
News & Insights
Education
- J.D., Widener University Commonwealth Law School, 1994
- B.S., Muhlenberg College, 1988
Bar Memberships
- Pennsylvania (1994)
Affiliations
- Pennsylvania Bar Association
- Dauphin County Bar Association
- National Association of Legal Services Training
- National Association of Insurance Commissioners, Consumer Board
- Widener University Mentor