Digital Health & Technology

Expert Analysis

• Health Info Interoperability Rule Raises Privacy Concerns

  

  A new Office of the National Coordinator for Health Information Technology rule requires health care providers to supply patients' health information upon request, but compliance may be complicated when patient privacy laws prohibit information sharing, say Elizabeth Hein and Cynthia Haines at Post & Schell.

• Cybersecurity Steps For Law Firms Amid Heightened Risks

  

  With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

• Consumer Device Data May Pose Problems In Med Mal Suits

  

  Information generated by smart watches and other consumer technology may help doctors assess patient health, but could be subject to challenges during medical malpractice suits since it is still unclear who can legally authenticate it, says Marilyn Skrocki at Saginaw Valley State University.

• Health Cos.' Biz Associate Agreements Need COVID-19 Update

  

  Health providers should update their business associate agreements to account for increased federal enforcement related to COVID-19, rising usage of telehealth and new rules regarding interoperability, say Cynthia Haines and Elizabeth Hein at Post & Schell.

• MDL Decisions Demonstrate The Need For Rule 702 Reform

  

  An analysis of 27 recent cases shows that multidistrict litigation courts frequently fail to screen out unreliable expert opinion testimony — making it imperative that the Advisory Committee on Evidence Rules enact amendments to address this problem, say attorneys at Phillips Lytle and King & Spalding.

• What Constitutes Reasonable Security Per Calif. Privacy Law?

  

  Designing reasonable policies and procedures under the California Consumer Privacy Act — even in the absence of clear statutory guidance — is a task that may become more urgent as plaintiffs already have taken advantage of the act's private right of action, say attorneys at Buckley.

• 5 Ways Health Cos. Can Reduce Pandemic Cybersecurity Risk

  

  Health care companies with newly remote workforces that are increasingly the target of cyberattacks should take several protective measures beyond merely implementing the patching recommendations suggested by a recent federal government cybersecurity alert, say Elliot Golding and Kristin Bryan at Squire Patton.

• Health Litigation Trends To Watch Now And After COVID-19

  

  COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.

• It's Time To Scrap FTC's Health Breach Notification Rule

  

  The Federal Trade Commission's notification rule for nonhealth companies that suffer health record data breaches is too narrow, and should be replaced by a federal privacy law that provides uniform and meaningful protections for consumers, says Dena Castricone at DMC Law.

• The Current Barriers To International Health Cooperation

  

  Although governments continue to construct direct barriers to international health collaboration by restricting foreign direct investment, the COVID-19 pandemic has highlighted the necessity of borderless health care goods and services, say attorneys at Mayer Brown.

• CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

  

  As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

• Workplace Body Temperature Devices Raise Privacy Concerns

  

  As employers begin using no-contact temperature taking devices to prevent the spread of COVID-19, they'll need to comply with state biometric data and breach notification laws, the California Consumer Privacy Act, and federal guidance, say attorneys at Husch Blackwell.

• 11 Post-Pandemic Predictions For Telehealth Regulation

  

  Though many regulatory changes related to telehealth usage will revert after the pandemic, they will likely pave the way for more permanent developments in the future, say attorneys at Holland & Knight.