Privacy, Security Breach & Confidentiality

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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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"$900 Million Increase in Medicare Part A Payments One of Many Medicare Changes for SNFs in FY 2023," Health Care Alert (August 10, 2022). Contacts: Michelle Chipetine, Stephanie Marcantonio, Paul Mourning
Client Alert/Newsletter
Regulatory Credentials | Layoff Pressure | Discovery Fail: The Morning Minute Law.com (August 8, 2022)
Press Coverage
"Payers, Providers, and Patients – Oh My!: Massive Federal Investment in Mental Health," Podcast: Payers, Providers, and Patients – Oh My! (July 28, 2022). Contacts: Payal Nanavati, Joe Records, W. Scott Douglas, Charlotte Freed
Client Alert/Newsletter
OCR Issues Anti-Discrimination Guidance for Pharmacies Related to Reproductive Health Care Services (July 25, 2022). Authors: Jodi G. Daniel, Lidia Niecko-Najjum and Sarah Rippy.
Publications
4 Firms Helm Amazon's $3.9B One Medical Deal Law360 (July 25, 2022)
Press Coverage
The Rulings That Quickly Made 2022 Huge For Health Law Law360 (July 21, 2022)
Press Coverage
"The Right Route to Remote - Mitigating Risk When Hiring Out-Of-State Workers," Crowell & Moring Webinar, 2022. (July 14, 2022). Speakers: Sadina Montani and Rachel Lesser.
Speech/Presentation
"Aetna/CVS Health and Crowell & Moring Seminar: Hot Regulatory Issues in Health Care - Medical Loss Ratio," Crowell & Moring Webinar, 2022. (July 13, 2022). Speakers: Gary Baldwin, Joseph Records, and Rochelle-Leigh Rosenberg.
Speech/Presentation
"Aetna/CVS Health and Crowell & Moring Seminar: Hot Regulatory Issues in Health Care - Value-Based Care and Fraud and Abuse," Crowell & Moring Webinar, 2022. (July 13, 2022). Speakers: Troy A. Barsky and Savanna Williams.
Speech/Presentation
"Aetna/CVS Health and Crowell & Moring Seminar: Hot Regulatory Issues in Health Care - Telehealth," Crowell & Moring Webinar, 2022. (July 13, 2022). Speakers: Jodi G. Daniel and Lidia Niecko-Najjum.
Speech/Presentation

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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