Linn Foster Freedman

Partner
Leader, Privacy & Data Protection Group
Chair, HIPAA Compliance Group
Chair, Health Information Technology (HIT) Team

Providence
Phone: 401-454-1108

Fax: 866-807-6614

Email lfreedman@nixonpeabody.com

Services

Education

Loyola University School of Law, J.D.
Newcomb College of Tulane University, B.A., with honors in American Studies

Admissions

Rhode Island
Massachusetts
Louisiana
U.S. District Court, District of Rhode Island
U.S. District Court, District of Massachusetts
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Supreme Court

Recognition

Linn is recognized by Chambers USA 2012 as a Leader in the Field of Privacy Law. She is a past recipient of the Rhode Island Department of Health Founder's Award, the Rhode Island Attorney General Justice Award, and the Rhode Island Department of Health Award for Excellence in Public Health Promotion.

LINN FOSTER FREEDMAN

Linn Freedman practices in privacy and security law and complex litigation. She focuses on privacy and security compliance, and responses to data breaches. Linn is leader of the firm’s Privacy & Data Protection group and chairs the firm’s HIPAA Compliance group. She has experience in health information technology (HIT) and chairs the firm’s Health Information Technology (HIT) team. Linn has particular experience in the development and implementation of regional health information organizations (RHIOs) and privacy and security issues related to the interoperability of electronic health records. She serves as general counsel of the Rhode Island Quality Institute. She has extensive experience litigating cases in state courts, federal courts, appellate courts, and administrative bodies.

Linn joined the firm at Nixon Peabody in the spring of 2003. Prior to joining the firm, Linn was deputy chief of the Civil Division for the Department of the Attorney General in Rhode Island. In this role, she was responsible for the supervision of regulatory activities for the Department which encompassed four regulatory units: the Heath Care Advocate, Public Utilities, Charitable Trusts, and Insurance Advocacy, as well as supervising the Health Care Conversion team. She also litigated cases on behalf of the state and its agencies and was the lead prosecutor on the case the State of Rhode Island brought against lead pigment manufacturers.

Affiliations

Linn is a member of the American, Rhode Island and Rhode Island Women’s bar associations, the Women’s Health Council of Rhode Island, the International Association of Privacy Professionals, the Rhode Island Health Care Reform Commission, the Association of Pharmacy Lawyers, the American Health Lawyers Association, and the Defense Counsel of Rhode Island. She is a member of the WBL Network, an exclusive association formed by the Women Business Leaders of the U.S. Health Care Industry Foundation. Additionally, Linn serves on the advisory board of Women Entrepreneurs in Science and Technology (WEST). Linn also serves on the Network for Teaching Entrepreneurship (NFTE) New England Advisory Board.

Thought Leadership/Alerts

HHS and CMS release proposed rule to amend the EHR exception of the physician self-referral statute
Health Information Technology Alert | April 12, 2013

Webinar Recording: What the HIPAA Omnibus Rule means for you—Your questions answered
Originally recorded March 11, 2013 | March 15, 2013

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Google settles for $7 million with 38 states over gathering personal data from unsecure WiFi networks
Privacy Alert | March 14, 2013

FTC settles with mobile device manufacturer for failure to secure & protect consumers' personal data
Privacy Alert | March 7, 2013

The Use of Mobile Technology in the Practice of Medicine: Compliance Tips
February 14, 2013

Webinar Recording: It's here and it's mandatory: The HIPAA Omnibus Rule
Originally recorded February 5, 2013 | February 13, 2013

Federal banking regulators issue proposed guidance and seek comments on use of social media by banks, credit unions, and savings associations
Privacy Alert | February 11, 2013

FTC issues privacy and security guidance for mobile apps and cracks down on enforcement
Privacy Alert | February 5, 2013

FTC settles with cord blood bank for lax privacy practices and data breach
Privacy Alert | January 31, 2013

HHS announces sweeping changes to the HIPAA Privacy and Security Rules in the final HIPAA Omnibus Rule
HIPAA Law Alert | January 23, 2013

FTC releases amendments to strengthen the Children's Online Privacy Protection Act and increase parental control over access to children's personal information
Privacy Alert | January 15, 2013

HHS settles first case involving a breach of fewer than 500 patients
HIPAA Law Alert | January 3, 2013

OCR issues guidance for the proper de-identification of PHI under HIPAA
HIPAA Alert | December 31, 2012

CMS modifies 2014 EHR certification criteria to ease implementation for eligible professionals and hospitals
Health Law Alert | December 26, 2012

Coventry Health Care, Inc. agrees to $3 million settlement for its employees' unauthorized access to the Medicare database
Government Investigations & White Collar Defense Alert | November 21, 2012

California attorney general warns mobile application developers of non-compliance with CalOPPA
Privacy Alert | November 6, 2012

New York adds new restrictions on the use of social security numbers
Employment Law Alert | October 26, 2012

HHS warns hospitals and health care providers not to "game the system"
Health Law Alert | October 9, 2012

OCR HIPAA enforcement update: Massachusetts Eye and Ear Infirmary pays $1.5 million for violation of HIPAA Security Rule
HIPAA Alert | September 19, 2012

CMS and ONC release final rules for Stage 2 meaningful use requirements
Health and HIPAA Alert | September 12, 2012

FTC seeking comments on additional proposed revisions to Children's Online Privacy Protection Rule
Privacy Alert | August 8, 2012

Consumers pay more for privacy in Maine
Privacy Alert | July 26, 2012

The OCR is on an enforcement roll: Alaska Department of Health and Social Services settles HIPAA security case for $1.7 million
HIPAA Alert | June 29, 2012

HIPAA enforcement actions are not going away: An update on recent federal and state enforcement actions
HIPAA Law Alert | June 20, 2012

FTC issues final report on protecting consumer privacy
Privacy Alert | March 29, 2012

The Smart Grid: Privacy costs of the information jackpot
Privacy Alert | March 22, 2012

The Office for Civil Rights issues first fine for breach
HIPAA Law Alert | March 16, 2012

HHS releases proposed rule on Stage 2 requirements for meaningful use of EHRs
Health Law Alert | March 9, 2012

Data protection and privacy law in the EU: Comprehensive reform under discussion
Privacy Alert | February 27, 2012

Obama administration releases long-awaited consumer data privacy report
Privacy Alert | February 24, 2012

Be ready for the March 1, 2012, Massachusetts Data Security Regulations deadline
Privacy Alert | February 13, 2012

FAQs on the final ACO regulations
Health Law Alert | December 28, 2011

Mobile devices and attorney ethics: What are the issues?
Privacy Alert | December 8, 2011

OCR begins HIPAA compliance auditing program – Are you prepared?
HIPAA Law Alert | July 29, 2011

New Texas health care privacy law more stringent than HIPAA
HIPAA Law Alert | July 21, 2011

OCR settles HIPAA violations with UCLA Health System for $865,500
HIPAA Law Alert | July 13, 2011

U.S. Supreme Court strikes down Vermont’s Prescription Confidentiality Law
Privacy Alert | July 1, 2011

Governor Chafee signs law to protect social security numbers
Privacy Alert | June 14, 2011

HHS issues notice of proposed rulemaking for new standards for accounting of disclosures of protected health information including the right to an access report
HIPAA Law Alert | June 1, 2011

Webinar Recording: Accountable Care Organizations: What you need to know now
April 26, 2011

Webinar Recording: Staying One Step Ahead: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
April 22, 2011

Analysis of Proposed ACO Regulations Issued March 31, 2011
Health Law Alert | April 20, 2011

SEC charges brokerage executives with failing to protect confidential customer information
Privacy Alert | April 12, 2011

Webinar Recording: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
March 24, 2011

Strong message from HHS/OCR with two HIPAA privacy rule enforcements within one week
HIPAA Law Alert | February 28, 2011

Department of Commerce proposes sweeping privacy reforms
Privacy Alert | December 20, 2010

Legislation aimed to protect the privacy of Social Security numbers cleared Congress
Privacy Alert | December 13, 2010

Red Flag Program Clarification Act of 2010 passes in the House
Privacy Alert | December 10, 2010

Webinar Recording: The Boucher Bill
August 9, 2010

HHS withdraws breach notification rule from administrative review
HIPAA Law Alert | August 4, 2010

Dodd-Frank Act's creation of the Consumer Financial Protection Bureau leads to enhanced privacy safeguards for consumers and their pockets
Privacy Alert | August 3, 2010

HHS announces Final Rule on meaningful use of EHRs
Health Law Alert | July 13, 2010

HHS/ONC proposed rulemaking expands HIPAA privacy and security rules
Health Law Alert | July 9, 2010

CMS issues proposed regulations that outline criteria for certification of EHR technology
Health Law Alert | July 7, 2010

Employer's right to audit text messages upheld
Privacy Alert | June 22, 2010

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Press

Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013

Chambers Gives High Marks to Nixon Peabody LLP
June 11, 2012

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Media Clips

Final HIPAA Omnibus Rule Expands Law's Impact on Firms
New Hampshire Business Review | May 3, 2013
Providence partner and leader of the firm’s Privacy & Data Protection group Linn Freedman and Manchester partner and leader of the firm’s Commercial Litigation practice Scott O’Connell co-authored this article discussing the final HIPAA Omnibus Rule, which implemented sweeping changes to the Health Insurance Portability and Accountability Act.
11th Circuit says HIPAA protections trump Florida law
Reuters | April 12, 2013
Leader of the firm’s Privacy & Data Protection group and the HIPAA Compliance group Linn Freedman discusses a Court of Appeals ruling finding that the patient privacy protections in the federal Health Insurance Portability and Accountability Act of 1996 trumped a 1987 Florida law that requires nursing homes to provide the records to a deceased resident's spouse, guardian or attorney.
New HIPAA Rules Pose Challenges for Healthcare Industry
Reuters | March 18, 2013
Leader of the firm’s Privacy & Data Protection group and the HIPAA Compliance group Linn Freedman discusses the new Health Insurance Portability and Accountability Act (HIPAA) regulations announced by the Department of Health & Human Services. Click here to read the full article.

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The Use of Mobile Technology in the Practice of Medicine: Compliance Tips
Bloomberg BNA Health Law Reporter | February 12, 2013
Providence partner and leader of the firm’s Privacy & Data Protection group Linn Freedman authored this column highlighting practical tips for physicians and other health care providers to maximize the advantages of using mobile technology in their day-to-day practices while complying with privacy and security rules. Click here to read the article.
Red Alert
The American Lawyer | January 1, 2013
Partner and leader of the firm’s Privacy and Data Protection team Linn Freedman provides commentary about security issues for U.S. attorneys working and traveling abroad.
Newsmaker: Getting involved is first step to improving education
Providence Business News | December 24, 2012
Partner and leader of the firm’s Privacy & Data Protection team Linn Freedman is featured in this Q&A–style profile. The article focuses on Linn’s recent appointment to the board of the Women Entrepreneurs in Science and Technology and her other commitments outside the office.
Human Capital: People on the move
Boston Business Journal | October 30, 2012
This coverage notes that Boston & Providence Government Investigations & White Collar Defense partner Linn Freedman has joined the advisory board of the Network for Teaching Entrepreneurship (NFTE) New England. NFTE provides programs that inspire young people from low-income communities to stay in school.
Defending Big Data
Law Technology News | October 1, 2012
Partner and leader of the firm’s Privacy & Data Protection group Linn Freedman discusses the escalating accumulation of data and why attorneys, IT staff, and data professionals are paying closer attention to big data and its potentially thorny legal, ethical, and technological issues. Click here to read the article.
Privacy & Security: Enforcement activities have ‘increased dramatically'
CMIO (Chief Medical Information Officer) | August 15, 2012
Partner and leader of the firm’s Privacy & Data Protection group Linn Freedman is profiled in this two-part series discussing privacy and security issues as it relates to the health care industry.
‘Cloud' Advisory Puts Small Firms on Notice
Massachusetts Lawyers Weekly | August 13, 2012
Partner and leader of the firm’s Privacy & Data Protection practice Linn Freedman provides commentary on the ethics advisory opinion from the Massachusetts Bar Association on the use of Internet data storage providers, which has some small firms and sole practitioners taking a second look at “cloud” safety.
Freedman Strives for Online Security
Providence Business News | June 4, 2012
This feature story profiles Providence partner and leader of the firm’s Data Privacy team Linn Freedman as part of the annual “Business Women” awards program. The feature story highlights Linn’s legal career both in public and private practice.
PBN Honors Local Business Women
Providence Business News | May 1, 2012
Providence Government Investigations & White Collar Defense partner Linn Freedman, leader of the firm’s Data Privacy team, is included in this article highlighting the 2012 Providence Business News annual Business Women Awards program honorees.
Human Capital: People on the Move
Boston Business Journal | April 16, 2012
Partner and leader of the firm’s Privacy & Data Protection group Linn Freedman is mentioned in this column for being appointed to the Advisory Board for Women Entrepreneurs in Science and Technology (WEST), a Massachusetts-based nonprofit that provides a leadership forum for women in science, engineering, and technology industries.
Smart Grid Data: Privacy Costs of the Information Jackpot
Bloomberg BNA Daily Report for Executives | March 15, 2012
This contributed article, authored by Buffalo Products counsel Jacob Herstek and Providence partner and leader of the firm’s Privacy & Data Protection group Linn Freedman, discusses a federal case that considered the collection of personal information by the smart grid. The article addresses why a legal resolution is necessary to keep pace with the technology.
Navigating Labyrinth of Data-Privacy Laws
Providence Business News | March 12, 2012
This guest column, authored by Providence partner and leader of the firm’s Data Privacy team Linn Freedman, discusses how organizations, especially in education, can navigate the complexities of data-privacy laws.
Mobile Devices and Attorney Ethics: What Are the Issues?
BNA The United States Law Week | December 6, 2011
This contributed article, co-authored by Los Angeles & San Francisco government investigations & white collar defense counsel Jason Gonzalez and Providence partner & leader of the firm’s Privacy & Data Protection Group Linn Freedman, discusses the ethical risks associated with attorneys’ use of mobile devices.
Q&A With Nixon Peabody’s Linn Freedman
Privacy & Consumer Protection Law 360 | September 15, 2011
This Q&A is conducted with Boston and Providence Health Services partner Linn Freedman. Ms. Freedman is leader of the firm’s Data Privacy and Protection group and Health Insurance Portability and Accountability Act (HIPAA) compliance group.
Guest Column: New RI law keeps Social Security numbers safe
Providence Business News | July 11, 2011
This contributed article, authored by Providence partner Linn Freedman, discusses Rhode Island’s efforts to strengthen the protection of consumers’ Social Security numbers.
Medical Identity Theft Climbs
Marketplace (American Public Radio) | June 21, 2011
This radio segment discusses increasing cases of medical identity theft. Providence Health Services partner and leader of the Health Information Technology team Linn Freedman provides commentary.
US: HHS proposal would give individuals the right to access reports
Data Guidance | June 9, 2011
This article notes that the proposed rule by the U.S. Health and Human Services Department (HHS) to amend the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Providence Health Services partner Linn Freedman provides commentary.
Fines Show No Tolerance for HIPAA Violations
Providence Business News | March 14, 2011
This contributed article, authored by Providence Health Services partner Linn Freedman, discusses the United States Department of Health and Human Services’ Office for Civil Rights efforts protect individual rights guaranteed by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
Is Red Flags Rule finally ready to be implemented?
Rhode Island Lawyers Weekly | December 6, 2010
This feature story notes that after years of delays, the Federal Trade Commission is set to begin enforcement of controversial identity-fraud prevention regulations (“Red Flags Rule”) that affect almost any business that accepts deferred payments from clients or customers. Providence Health Services partner Linn Freedman provides commentary throughout the piece.
Tips to Aid the Work Ahead
Health Data Management | September 10, 2010
This article highlights insights from industry thought-leaders on the final “meaning rule” issued by the Department of Health & Human Services specifying criteria for physicians and hospitals to receive incentive payments for demonstrating meaningful use of certified electronic health records (EHR). Providence Health Services partner Linn Freedman is quoted in the article discussing the reporting requirements under the rule.
HIPAA Now Requires Business-Associate Agreements
Providence Business News | September 6, 2010
This contributed article in the publication’s special “health care” section discusses how the new HIPAA/HITECH standards apply to businesses and the effect of new proposed privacy legislation to businesses not covered by HIPAA. The article is authored by Providence Health Services partner Linn Freedman.
Stakeholders Hash Out MU Details
Health Data Management | July 16, 2010
This article discusses the final “meaning rule” issued by the Department of Health & Human Services specifying criteria for physicians and hospitals to receive incentive payments for demonstrating meaningful use of certified electronic health record (EHR). Providence Health Services partner Linn Freedman is quoted in the article discussing the rule.