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Crowell & Moring represents clients on a broad range of issues related to the privacy of individually identifiable personal information that is gathered and used in the performance of business operations. We counsel clients and structure transactions for compliance with U.S. privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, the Gramm-Leach-Bliley Act, and federal and state information security breach notification laws, as well as obligations that arise under other state laws and the European Union Directive, the CAN-SPAM Act and Do-Not-Call Rules. We litigate both federal and state attorney general and insurance department privacy and security breach enforcement matters, and class actions involving alleged security breaches of privacy lapses

The clients we represent include multi-state health plans, hospitals and health systems, pharmacy benefit management companies, government health benefit program contractors, insurers, pharmaceutical and medical technology and equipment manufacturers, software developers, major employers and prescription benefit management companies. Representative activities include:

  • Developing policies and procedures and compliance plans to protect the privacy of information.
  • Structuring joint ventures and other business arrangements to comply with data protection laws.
  • Counseling clients in the development of software and other business practices to comply with applicable privacy protections.
  • Formulating action plans following information security breach incidents (e.g., lost laptops or hard drives).
  • Defending clients accused of violating privacy/confidentiality/security breach laws in criminal, civil and administrative proceedings, including federal  grand juries and the Department of Health and Human Services Office for Civil Rights (OCR).

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Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Sep.20.2019)
Firm News/Announcement
"11th Circuit Issues Long-Awaited Opinion in AseraCare Affirming that Mere Differences in Reasonable Clinical Judgement Cannot Be False Under the FCA and Remanding for New Trial and Consideration of Full Record," Health Care Alert (September 13, 2019). Contacts: Jacinta Alves, Brian Tully McLaughlin, Nkechi Kanu, Roma Sharma, G. Meredith Parnell
Client Alert/Newsletter
OCR Announces First Enforcement Action Under Its Right to Access Initiative (September 11, 2019). Authors: Jodi G. Daniel and Brandon C. Ge.
Publications
"Payers, Providers, and Patients – Oh My!: Removal under ERISA," Podcast: Payers, Providers, and Patients – Oh My! (September 11, 2019). Contacts: Rochelle-Leigh Rosenberg, Joe Records, Payal Nanavati
Client Alert/Newsletter
"HHS Proposes Changes to Substance Use Disorder Data Confidentiality Rules to Improve Care Coordination," Health Care Alert (September 9, 2019). Contacts: Stephanie D. Willis, Jodi G. Daniel, Brandon C. Ge
Client Alert/Newsletter
Two Arkansas Skilled Nursing Facilities Sue Federal Government Over Arbitration Rule Skilled Nursing News (September 8, 2019)
In the News
New Proposed Rules on Confidentiality of Substance Use Disorder Data Would Address Care Coordination and Law Enforcement Challenges (August 28, 2019). Authors: Jodi G. Daniel, Stephanie D. Willis, Brandon C. Ge and Maya Uppaluru.
Publications
"Payers, Providers, and Patients – Oh My!: Some Potential Impacts of Legal Challenges to the ACA," Podcast: Payers, Providers, and Patients – Oh My! (August 21, 2019). Contacts: Troy A. Barsky, Joe Records, Alice Hall-Partyka, Payal Nanavati
Client Alert/Newsletter
Allscripts Close to Reaching Deal with DOJ for Health IT Certification, Anti-Kickback Statute, and HIPAA Issues (August 16, 2019). Authors: Jodi G. Daniel, Stephanie D. Willis and Maya Uppaluru.
Publications
Time's Up For Medicine: #MeToo Targets The Healthcare Industry (August 16, 2019). Authors: Stephanie Marcantonio, and Katie Erno.
Publications

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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