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Amber Mulcare, CIPP/US

Associate

amulcare@crowell.com
Phone: +1 202.688.3431
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Amber Mulcare (CIPP-US) is an associate in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Health Care and Privacy & Cybersecurity groups. She represents health insurance plans, health systems, major technology companies, government contractors, and other clients on a variety of digital health, privacy, and security matters.

Amber held several key operations positions at a startup medical technology company, during which the company grew its annual revenue from $8M to $114.3 million and launched a successful IPO. Amber was responsible for leading all end-to-end sleep and radiology utilization management solution implementations for the company, including contracting, project planning, and serving as the liaison between client and vendor technical, operations, and communications teams. Subsequently, Amber served as project manager for the clinical informatics division, where she handled execution for large projects,  including managing national EMR vendor integration contracting, interfacing with IT and analytics teams to assess risks to clinical rule builds, communicating client reporting configuration needs, and conducting quality assurance of data onboarding from a variety of data sets. During this time, she attended law school as a part-time evening student.

She also served as a legislative aide in the Maryland General Assembly, where she was responsible for managing all legislation-related activities, including research and analysis and stakeholder outreach.

Amber has leveraged her background to assist clients in technical risk assessments, compliance assessments, digital transformation strategy proposals that leverage emerging technologies, project planning and workflow improvements, data ownership analysis, regulatory analysis, including comment drafting and other government-facing deliverables and health care-related litigation.

Amber received her bachelor’s degree in government and politics from the University of Maryland in 2010. She received her J.D. from the George Washington University Law School, where she was a member of the Federal Circuit Bar Journal. She received her CIPP-US in February 2019.

Representative Matters

Cybersecurity

  • Counseled multiple major technology companies in assessing whether their products are likely to comply with California’s IoT Law “reasonable security measure” requirements.
  • Assisted government contractors and private companies in evaluating whether their system security plans complied with DFARS 252.204-7012 and drafting responses for submission.
  • Assisted a large manufacturer with the development of its digital transformation plan, including conducting analysis of competitor activities, identifying potential emerging technologies, recommending potential use cases, and determining best practices for implementation of such strategies.
  • Developed a comprehensive Incident Response Plan.
  • Evaluated a major security software company’s encryption standards to ensure alignment with industry best practices.

Health Care

  • Represented a health plan in multiple arbitrations against pharmacy benefit managers regarding breach of contract and fraud claims.
  • Advised an emerging company regarding its data ownership rights for a machine learning algorithm developed using open source neural network solutions.
  • Drafted comments for multiple clients in response to the ONC and CMS Interoperability (information blocking) Proposed Rules.
  • Presented to a health technology membership organization regarding provisions in the ONC information blocking Proposed Rule.
  • Drafted summaries, comments, and RFI responses for technology companies, patient organizations, and health plans for a variety of solicitations from HHS.
  • Advised a major technology company regarding its take-to-market strategies to utilize its existing technology products to support care coordination and caregiver support.
  • Analyzed state law regarding restrictions on non-physician clinical staff to assist with computerized physician order entry.
  • Analyzed whether physician gainsharing agreements were compliant with alternative payment models for Medicare.

Education

  • University of Maryland, College Park, B.A. (2010)
  • The George Washington University Law School, J.D. (2018)

Affiliations

Admitted to practice: District of Columbia

View More

"IoT Goes Federal under Newly Signed Law," Government Contracts Bullet Points (December 10, 2020). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Evan D. Wolff, Amber Mulcare, CIPP/US
Client Alert / Newsletter
"ONC Issues Interim Final Rule Extending Compliance Dates for the Information Blocking and the ONC Health IT Certification Program," Crowell & Moring’s Health Law Blog (November 9, 2020). Authors: Jodi G. Daniel and Amber Mulcare, CIPP-US.
Publication
"HHS Finalizes Sweeping Regulations on Interoperability of Health Information and Information Blocking," Health Care Alert (March 9, 2020). Contacts: Jodi G. Daniel, Brandon C. Ge, Amber Mulcare, CIPP/US
Client Alert / Newsletter
"Energy Cybersecurity Act of 2019," Crowell & Moring's Data Law Insights (February 10, 2020). Authors: Evan D. Wolff, Jeffrey L. Poston, Kate M. Growley, CIPP/G, CIPP/US, Maida Oringher Lerner, Tyler A. O'Connor and Amber Mulcare, CIPP-US.
Publication
"New York Enacts the SHIELD Act," Privacy Law Alert (August 20, 2019). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Jarno Vanto, CIPP/E, CIPP/US, Evan D. Wolff, Brandon C. Ge, Amber Mulcare, CIPP/US
Client Alert / Newsletter
"CMS offers $1.65 million in AI Health Outcomes Challenge," Crowell & Moring's Health Law Blog (April 23, 2019). Authors: Jodi G. Daniel and Amber Mulcare.
Publication
"ONC Proposes Regulations on Health IT Certification and Information Blocking," Health Care Alert (February 12, 2019). Contacts: Jodi G. Daniel, Brandon C. Ge, Amber Mulcare, CIPP/US
Client Alert / Newsletter
"HHS Releases Voluntary Cybersecurity Practices Guidance," Crowell & Moring's Health Law Blog (January 14, 2019). Authors: Jodi G. Daniel and Amber Mulcare.
Publication
"Modernizing HIPAA to Pave the Way for Value-Based Care," Health Care Alert (December 17, 2018). Contacts: Jodi G. Daniel, Brandon C. Ge, Amber Mulcare, CIPP/US
Client Alert / Newsletter
"FDA Issues New Guidance for the Management of Cybersecurity in Medical Devices," Crowell & Moring's Health Law Blog (October 19, 2018). Authors: Jodi G. Daniel, John Fuson, Brandon C. Ge, and Amber Mulcare.
Publication

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