Our team understands that health care is a competitive industry, and that companies need to use data and new technologies to promote their products or services in order to maintain their competitive edge. Our attorneys are well versed in the data use restrictions imposed on health care providers and others in the industry. Not only can we advise you on strategies to address HIPAA restrictions, we can also help you look beyond HIPAA to determine if your marketing goals implicate other privacy laws and restrictions.
As you expand your marketing and other initiatives to leverage your websites, mobile devices and other technologies, we can guide you through the maze of state and federal privacy laws and regulations, including those governing mental health, substance abuse, HIV/AIDS, genetic data and other sensitive categories of information, as well as those governing your communication methods, such as TCPA and CAN-SPAM. We understand that health data has independent value and can be monetized, and we can assist you in meeting the challenges of doing so in a compliant and ethical manner.
We also analyze the permissibility of uses and disclosures, including disclosures pursuant to subpoenas and the need for protective order, disclosures to law enforcement and disclosures to family and friends under both HIPAA and the other federal and state privacy laws and regulations
Our services include:
- Structuring complex data sharing arrangements, including clinically integrated networks (CINs), private health information exchanges (HIEs) and integrated electronic medical records systems (the “one patient, one electronic integrated longitudinal record” system)
- Counseling on privacy/security issues associated with electronic health record (EHR) implementation, including practical guidance for providing and controlling access to all categories of data in the EHRs.
- Structuring data sharing collaborations and internal data analytics initiatives through creative use of HIPAA organizational designations, such as organized health care arrangements, affiliated covered entity status and hybrid designation.
- Analysis of the state privacy laws in all 50 states and to address the restrictions on data sharing that are more restrictive than HIPAA
- Counseling clients on compliance with the federal laws and regulations governing telecommunications and electronic communications, including the TCPA, CAN-SPAM and the Electronic Communications Privacy Act.
- Representing clients in litigation through consumer and government challenges to their marketing activities
- Advising clients that perform data analytics and/or de-identify information and seek to use such information for secondary purposes
- Working with experts to de-identify data under the statistician model for big data/data mining and analytics/data warehousing
- Advising on use of limited data sets and data use agreements