Jodi Daniel is a partner in Crowell & Moring's Health Care Group, a member of the group’s Steering Committee, and leads the firm's Digital Health Practice. Jodi is a managing director of Crowell Health Solutions (CHS), a strategic consulting firm affiliated with Crowell & Moring.
Jodi provides strategic, legal, and policy advice to all types of health care and technology clients navigating the dynamic regulatory environment related to technology in the health care sector to help them achieve their business goals. She focuses on innovative technologies—including artificial intelligence and machine learning, remote monitoring tools, EHRs, mobile health applications, digital therapeutics, health data platforms, and data analytics tools—and counsels on regulatory issues, including data access and use, privacy and security, interoperability, telehealth, FDA oversight, and state licensure and scope of practice.
Prior to joining Crowell & Moring, Jodi was the founding director of the Office of Policy in the Office of the National Coordinator for Health Information Technology (ONC), U.S. Department of Health and Human Services (HHS), and the first Senior Counsel for Health Information Technology in the Office of the General Counsel (OGC). At HHS, Jodi helped spearhead important changes in health information privacy and health information technology to improve health care for consumers nationwide. She was also one of the key drafters of the original Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules and Enforcement Rules and developed the model privacy notice for personal health records.
As former director at ONC, she led the agency’s prominent federal advisory committees to build consensus on health IT standards and policy and established national health IT policy in areas including privacy, security, consumer e-health, health IT safety and oversight, and connecting health care payment and health IT. Jodi established ONC’s regulatory capacity and led the development of health IT standards and certification regulations. She worked across many federal agencies to develop the Federal Health IT Strategic Plan and coordinate policy, including with the Centers for Medicare and Medicaid Services (CMS) on the “meaningful use” of electronic health records, with Food and Drug Administration (FDA) on the safety of health IT, with the Drug Enforcement Agency (DEA) on legalizing electronic prescribing of controlled substances, with the Federal Trade Commission (FTC) on competition and health IT, with the Substance Abuse Mental Health Services Administration (SAMHSA) on integrating behavioral health and physical health, and with the White House Office of National Drug Control Policy (ONDCP) regarding opioid abuse. She also developed the Health Information Security and Privacy Collaboration, working with 42 state and territorial governments to address variation in privacy laws and challenges presented by electronic health information exchange through multi-state collaboration. Jodi formed the State Alliance for e-Health in collaboration with the National Governors’ Association, to promote e-Health, including electronic prescribing and multi-state licensure for telemedicine. She also represented the U.S. government in presentations and engagements with foreign governments.
At OGC, Jodi developed the foundational legal strategies and coordinated all legal advice regarding health IT for HHS, founded and chaired the health IT practice group within OGC, and worked closely with CMS in developing e-prescribing regulations and the Stark and anti-kickback rules regarding e-prescribing and electronic health records.
Jodi began her career at a large insurance company advising employers on managed care and group health benefits. She is ranked by Chambers USA for both Healthcare and Privacy & Data Security: Healthcare.
Education
- Tufts University, B.A. economics, community health (1990) cum laude
- Johns Hopkins University, M.P.H. health policy and management (1996)
- Georgetown University Law Center, J.D. (1998) magna cum laude, Order of the Coif
Affiliations
Professional Activities and Memberships
- Uniform Law Commission Telehealth Committee—Contributor, 2021 – Present
- World Health Organization (WHO) Digital Health Roster of Experts, 2019 – Present
- National Academy of Medicine/PCORI Workgroup: Building Stakeholder Demand for Health Data Sharing, Linkage, and Use, October 2018 – 2020
- Asthma and Allergy Foundation of America Board of Directors, 2017 – Present
- HIMSS Patient Generated Health Data Work Group, October 2015 – October 2017
- Co-Chair, ABA Science and Technology Law Section, Healthcare Technology, 2016 – 2019
- Academy Health – Health Data Innovator Privacy and Security Advisory Committee, July 2016 – August 2017
- Chesapeake Regional Information System for our Patients (CRISP) Data Use Committee, June 2016 – June 2017
- National Medical Device Post-market Surveillance System Planning Board, 2014 – 2015
- HealtheWay Board of Directors, 2012 – 2015
- Medication Adherence Alliance Committee, Duke University, 2012 – 2015
- HHS Health IT Policy Committee and HHS Health IT Standards Committee, 2009 – 2015
- American Health Lawyers Association—Member
- State Alliance for e-Health, 2006 – 2011
- American Health Information Community, 2005 – 2008
- Medicare Governance Council, Quality Health Care Subcommittee, 2004 – 2005
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