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Jodi G. Daniel

Partner

jdaniel@crowell.com
Phone: +1 202.624.2908
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Jodi Daniel is a partner in Crowell & Moring's Health Care Group and a member of the group’s Steering Committee. She is also a director at C&M International (CMI), an international policy and regulatory affairs consulting firm affiliated with Crowell & Moring. She leads the firm's Digital Health Practice and 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. Jodi is a contributor to the Uniform Law Commission Telehealth Committee, which drafts and proposes uniform state laws related to telehealth services, including the definition of telehealth, formation of the doctor-patient relationship via telehealth, creation of a registry for out-of-state physicians, insurance coverage and payment parity, and administrative barriers to entity formation.

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) for a decade after serving in the Office of the General Counsel (OGC) at HHS for five years. 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 Nationwide Privacy and Security Framework for Electronic Exchange of Health Information.

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.

As the first senior counsel for health information technology at HHS, Jodi developed the foundational legal strategies and coordinated all legal advice regarding health IT for HHS, founded and chaired the health information technology practice group within OGC, and worked closely with CMS in the development of the 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.

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

Admitted to practice: District of Columbia, New York

Memberships, Boards, & Committees

  • Listed as one of the Healthcare Law Trailblazers by the National Law Journal (2019, 2021)
  • 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-present)
  • 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-present)
  • 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
  • State Alliance for e-Health (2006-2011)
  • American Health Information Community (2005-2008)
  • Medicare Governance Council, Quality Health Care Subcommittee (2004-2005)

Honors & Awards

  • Top 10 Legal Practitioners – Financial Times (2020)
  • Listed as Up and Coming in Health Care by Chambers USA (2020)
  • Top 10 Most Influential Women in Health IT – FierceHealthIT (2014)
  • National Coordinator Award (2012, 2014)
  • Office for Civil Rights Director's Honor Award (2002)
  • Clearmark Award of Distinction, Center for Plain Language (2012)
  • Secretary's Commendation and Award for Distinguished Service (2001, 2003, 2005, 2010)

View More

"Panel Discussion: Digital Health Update from D.C.", Direct Trust Summit 2021 (June 9, 2021).
Speech/Presentation
The Federal Government May Need To Play A Role In Vaccine Credentials, Despite Reluctance Government Executive (June 8, 2021)
Media Mentions
"Vaccine Passport Success Rests On True Privacy, Equity, Security," Bloomberg Law (May 26, 2021). Authors: Jodi G. Daniel, Nicholas J. Diamond, and Roma Sharma.
Publication
"CMS Issues First FAQs on the CMS Interoperability and Patient Access Rule," Crowell & Moring’s Health Law Blog (May 24, 2021). Authors: Jodi G. Daniel and Lidia Niecko-Najjum.
Publication
Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S. (May.20.2021)
Firm News / Announcement
Patients Can Now Access Their Health Records Online, But They May Not Understand Them Los Angeles Time (May 17, 2021)
Media Mentions
Will COVID Vaccines Be Required For Federal Contractors, And How Would A Mandate Be Enforced? Government Executive (May 14, 2021)
Media Mentions
"Biden’s First 100 Days: Developments to Date and What Lies Ahead," Climate Law & Environmental Finance Update (May 7, 2021). Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn, Kate Beale
Client Alert / Newsletter
Vaccine Passport Plans Can't Ignore Web Of Privacy Laws Law360 (April 22, 2021)
Media Mentions
Compliance With HIPAA May Offer Some Clues On How Providers Will Fare With New Info Blocking Rules MedCity News (April 18, 2021)
Media Mentions

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, 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, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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