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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.

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

  • 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 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

"HHS Lifts Major Barriers to Telehealth to Help Reduce the Spread of COVID-19," Health Care Alert (March 20, 2020). Contacts: Troy A. Barsky, Jodi G. Daniel, Barbara H. Ryland, Stephanie D. Willis, Joe Records, Roma Sharma, Michelle Chipetine
Client Alert / Newsletter
"HHS and OCR Ease HIPAA Applicability and Enforcement to Support Healthcare Delivery During COVID-19 Public Health Emergency," (March 19, 2020). Contacts: Jodi G. Daniel, Alice Hall-Partyka
Client Alert / Newsletter
"CMS Finalizes New Requirements on Health Plans to Release Health Data; Updates Medicare Conditions of Participation for Hospitals to Send Electronic Notifications," Health Care Alert (March 11, 2020). Contacts: Stephanie D. Willis, Jodi G. Daniel, Maya Uppaluru
Client Alert / Newsletter
"COVID-19 Roundtable Discussion: Practical Guidance for Legal Departments, Business Leaders, and Boards," Crowell & Moring Webinar (March 10, 2020). Presenters: Bryan Brewer, Jodi G. Daniel, Peter Eyre, Laura Foggan, Thomas P. Gies, Paul M. Rosen, Nicole Janigian Simonian, Evan D. Wolff, and Michelle D. Coleman.
Speech/Presentation
"Coronavirus (COVID-19) Emergency Spending Measure Waives Medicare Telehealth Restrictions," Health Care Alert (March 10, 2020). Contacts: Jodi G. Daniel, Roma Sharma
Client Alert / Newsletter
ONC interoperability Rule Garners Mixed Reviews From Stakeholders EHR Intelligence (March 10, 2020)
Media Mentions
"HHS Finalizes Sweeping Regulations on Interoperability of Health Information and Information Blocking," Health Care Alert (March 9, 2020). Contacts: Jodi G. Daniel, Maya Uppaluru, Brandon C. Ge, Stephanie D. Willis, Amber Mulcare, CIPP-US
Client Alert / Newsletter
"Practice Fusion Settlement Highlights Government’s Increasing Focus on Health Information Technology Certification and Financial Relationships in Enforcement Actions," Health Care Alert (February 4, 2020). Contacts: Stephanie D. Willis, Jodi G. Daniel, Kelly Hightower Hibbert
Client Alert / Newsletter
"Payers, Providers, and Patients – Oh My!: Digital Health Innovation," Podcast: Payers, Providers, and Patients – Oh My! (January 14, 2020). Contacts: Joe Records, Jodi G. Daniel, Robert Holleyman, Payal Nanavati
Client Alert / Newsletter
"FDA Seeks Comment on Clinical Decision Support Software Guidance and Issues Policy Updates on its Oversight Authority Regarding Medical Software and Apps," Crowell & Moring's Health Law Blog (October 23, 2019). Authors: Jodi G. Daniel, Stephanie D. Willis and Shaina Vinayek.
Publication

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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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