Dianne advises a variety of health care clients on a broad range of issues, including licensure, regulatory, contractual, and risk management matters, and patient care. As former in-house counsel to an academic medical center, a large part of her practice involves counseling researchers and research sponsors in matters related to FDA and OHRP regulated clinical research, including patient consent, access to and use of tissue and associated patient information, and the Institutional Review Board process.
She also counsels health care clients and other business entities on a broad range of privacy and data security issues, including the HIPAA Privacy Rule and Security Standards, including requirements under HITECH and the HIPAA Omnibus Rule, 42 CFR Part 2, and state-imposed medical privacy laws. She regularly assists clients with data breach response and mitigation, the implementation of HIPAA-mandated policies and procedures, privacy audits, third-party requests for information, and review of HIPAA-related contracts and forms. She has successfully defended clients in both civil and criminal HIPAA enforcement actions and regularly assists clients with the management of data breaches and other losses of protected health information.
Before joining Mintz, Dianne was an associate staff attorney at the Lahey Clinic, where she provided general counsel services to medical, professional, and administrative staff. She also served as counsel to the Institutional Review Board, the Ethics Committee, the Intellectual Property and Technology Transfer Committee, and the Genetics Advisory Board. Before joining the Lahey Clinic’s legal staff, she worked in the research administration department. Her responsibilities included drafting a regulatory compliance manual detailing laws of concern in basic, clinical, and animal research, continually reviewing relevant regulations to ensure compliance for institutional programs, and researching and advising clients on a broad range of regulatory matters.
Dianne was the first Suffolk University law student to graduate with a concentration in Health Care and Biomedical Law. She formerly served as an adjunct professor at Stonehill College, teaching an undergraduate Health Care Law course.
Dianne is a contributor to the Mintz Health Law & Policy Matters blog as well as the Privacy & Security Matters blog.
- Provided strategic counsel to a start-up medical application company that has devised a method to detect mild cognitive impairment as a precursor to more significant cognitive diseases.
- Counseled a publically traded medical device company on risk management advice and helped them manage multiple significant adverse events following suspension of trial by the FDA.
- Assisted our client, a manufacturer of smart, wireless prescription bottles, with structuring their patient interface to be consistent with privacy and data security laws and other regulatory issues.
Are You Ready? How to Prepare for the End of OCR’s Public Health Emergency HIPAA Enforcement Discretion
May 1, 2023 | Blog | By Dianne Bourque, Lara Compton
OCR Proposes HIPAA Amendments to Protect Reproductive Health Care Information
April 13, 2023 | Blog | By Dianne Bourque, Kate Stewart, Pat Ouellette
Mintz Health Law: What We Are Grateful For
January 11, 2023 | Podcast | By Bridgette Keller
Is Your Website Collecting PHI Under OCR's New Tracking Technologies Bulletin?
December 7, 2022 | Blog | By Dianne Bourque, Lara Compton, Kathryn Edgerton, Cassandra Paolillo, Kate Stewart
Protecting Health Information Post Roe – Part 2: Steps for Health Care Providers
July 21, 2022 | Blog | By Cynthia Larose, Dianne Bourque
Protecting Health Information Post Roe Part 1: Steps for Women
July 5, 2022 | Blog | By Dianne Bourque, Cynthia Larose
The Risks of HIPAA Non-Compliance Can Survive – and Even Grow – Post Closing
June 3, 2021 | Blog | By Dianne Bourque, Stephnie John
HHS’ OCR Announces Enforcement Discretion for HIPAA Noncompliance Relating to Online COVID-19 Vaccination Appointment Scheduling Applications
February 25, 2021 | Blog
Fifth Circuit Vacates $4.3M HIPAA Penalty and Potentially Opens the Door for Future HIPAA Enforcement Challenges
January 25, 2021 | Blog | By Dianne Bourque
Beyond its harsh words for HHS, this opinion is notable for calling into question some longstanding HHS enforcement practices and interpretations of the HIPAA regulations. The opinion also makes clear that regulated entities should check the math when HHS levies a fine. Although limited in its precedential authority, the Fifth Circuit’s opinion, at the very least, gives HIPAA-regulated entities some new food for thought if faced with an HHS enforcement action.
HIPAA Amendments and Other Trump Regulatory Actions on Hold
January 21, 2021 | Blog | By Dianne Bourque, Cassandra Paolillo
News & Press
HHS Proposes Rule Shoring Up HIPAA To Protect Reproductive Health Data, Including Around abortions
April 12, 2023
2023’s Largest Health Data Breach So Far Brings Legal Flurry
March 14, 2023
Medicare AI Will Infer Race to Close Health Equity Gap
August 5, 2021
Corporate Secrets at Risk in Hack of U.S. Courts Documents
January 8, 2021
Amazon’s Pharmacy Venture Opens New Privacy, Security Law Risks
November 30, 2020
Hospital Ransomware Attacks Spotlight Need for Security Steps
November 4, 2020
Fertility Tracking Apps Get Tough Look From States Over Privacy
October 14, 2020
The Virus Shot Goes in Your Arm, but Where Does Your Data Go?
September 24, 2020
Mintz Advises Partners In Health on Massachusetts COVID-19 Community Tracing Collaborative
April 08, 2020
Trump Keeps Touting an Unproven Coronavirus Treatment. It’s Now Being Tested on Thousands in New York
March 31, 2020
Does Epic’s CEO Have A Point On Privacy?
February 24, 2020
On Bloomberg Television, Mintz Member Dianne Bourque Discusses Google’s Deal with Ascension Hospitals
November 19, 2019
The full show is available here, and the segment featuring Ms. Bourque runs from 29:47 - 35:15.
Google Is Slurping Up Health Data—and It Looks Totally Legal
November 18, 2019
Don’t Forget About State Laws on HIPAA Breaches
May 10, 2019
Anthem Settlement Holds Lessons on Data Breaches, Costs
December 1, 2018
Obamacare Enrollment Data Breach May Trigger Privacy Probe
October 24, 2018
Cyberattacks Targeting Computer Chips May Expose Health-Care Data
January 19, 2018
Mintz Represents Myriad Genetics in Acquisition of Assurex Health
September 08, 2016
Nurse's Gory Tweets Leave Privacy Attys Gobsmacked
August 9, 2016
Tell Gun-Toting Patients That New HIPAA Gun Rule Isn’t about Them
January 18, 2016
Events & Speaking
Machine Learning & AI For Healthcare
Health & Hospital Law: MCLE BasicsPlus!
Clinical Trial Risk Management during COVID-19
Advanced Medical Technology Association's Virtual MedTech Conference
Clinical Trials in the Time of COVID-19
View the Webinar Recording
Everything Life Sciences Companies Need to Know to Navigate the COVID-19 Pandemic
View the Webinar Recording
Coronavirus (COVID-19): Managing the Privacy & Cybersecurity Risks
View the Webinar Recording
Telehealth: Keeping Up with the Fast-Moving Federal and State Regulatory Landscape During the COVID-19 Pandemic
View the Webinar Recording
Healthcare Law & Compliance Institute: Taming Technology
How to Maximize Innovation While Minimizing Risk
Amelia Island, Florida
Health and Hospital Law: MCLE BasicsPlus
MCLE Conference Center, 10 Winter Place, via Winter Street
Health Care & Cybersecurity: A Powerful Combination
ML Strategies, 701 Pennsylvania Ave, NW, Suite 900, Washington, DC 20004
MCLE New England's 20th Annual Hospital & Health Law Conference 2019
Conflict of Interest and Research Compliance
Ten Winter Place, Boston
2017 Boston Conference on Cyber Security
New England Healthcare Executive Network Meeting
NE Healthcare Executive Network
Anatomy of a HIPAA Breach Master Track
American Bar Association
Employee Benefits & Healthcare Congress
Employer Healthcare & Benefits Congress (EHBC)
Orange County Convention Center, 9800 International Drive, Orlando, FL
HIPAA Security Breach Response Plan
8 Weeks Until the HIPAA Omnibus Rule Compliance Date - How to Make the Most of Your Time
Mintz Levin Health Beat Webinar Series
Recognition & Awards
- Chambers USA: Massachusetts – Healthcare (2015-2017; 2021-2022)
- BTI Consulting Group Client Service All-Star (2022)
- Best Lawyers in America: Health Care Law (2020-2023)
- Regular guest lecturer, Cybersecurity Policy & Governance Program, Boston College Woods College of Advancing Studies