Daniel F. Gottlieb
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Daniel F. Gottlieb counsels a wide range of health care industry clients, including health care providers, health plans, health information technology (IT) vendors and life sciences companies. He represents these entities on health IT acquisitions, privacy and data protection, reimbursement, fraud and abuse, and other health care regulatory and transactional matters. Daniel is a co-leader of the Firm’s Global Privacy and Cybersecurity Practice. Read Daniel Gottlieb's full bio.
CCPA Amendment Update: California Governor Approves CCPA Amendment with Exceptions for HIPAA De-Identified Information and Other Health Data
By Daniel F. Gottlieb and Deepali Doddi on Oct 9, 2020
Posted In Data Privacy
On September 25, 2020, Governor Gavin Newsom signed into law California AB 713, which amends the California Consumer Privacy Act (CCPA) to create expanded exceptions for: HIPAA business associates; information that has been de-identified in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA); and information collected, used or disclosed in certain human...
California Bill Proposes CCPA Exceptions for HIPAA De-identified Information, Other Health Data
By Deepali Doddi and Daniel F. Gottlieb on Jan 17, 2020
Posted In Consumer Protection, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
On January 6, 2020, the California State Senate’s Health Committee unanimously approved California AB 713, a bill that would amend the California Consumer Privacy Act (CCPA) to except from CCPA requirements additional categories of health information, including data de-identified in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), medical research data, personal...
Can We Expect to See ONC’s Final Rule on Information Blocking Soon?
By Daniel F. Gottlieb, James A. Cannatti III, Karen S. Sealander and Scott Weinstein on Oct 30, 2019
Posted In Data Privacy, General Interest
A recent update to the Office of Management and Budget (OMB) website suggests that the answer is “yes”—though that depends on how one defines “soon.” According to its website, OMB received the Office of the National Coordinator for Health Information Technology’s (ONC’s) final rule, entitled 21st Century Cures Act: Interoperability, Information Blocking, and the ONC...
California Enacts a Groundbreaking New Privacy Law
By Amy C. Pimentel, Daniel F. Gottlieb, Jonathan Ende, Li Wang and Michael G. Morgan on Jun 29, 2018
Posted In Cybersecurity, Data Privacy
California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy law in the United States, reaching far beyond California’s borders to give California consumers more visibility and control over their...
Financing High-Growth Health IT Companies: McDermott and Capstone’s Panel Recap from HIMSS 18
By Daniel F. Gottlieb on Apr 11, 2018
Posted In Big Data, Cybersecurity, Data breach, Data Privacy, General Interest
Earlier this month, more than 45,000 attendees descended on Las Vegas, NV, for the nation’s largest annual health care technology conference: the 2018 HIMSS Conference & Exhibition (HIMSS18). Conversations and educational sessions covered a wide range of health tech topics, with thought leaders, solutions developers, health system executives, patient advocates and care providers coming together...
Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking
By Daniel F. Gottlieb and Matthew L. Knowles on Mar 23, 2018
Posted In Consumer Protection, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, Email/Spam, General Interest, Text Messaging
Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not eliminate the prospect of TCPA liability and leaves important TCPA interpretive questions unresolved. Businesses should continue to be...
Does GDPR Regulate My Research Studies in the United States?
By Amy C. Pimentel, Bernadette M. Broccolo and Daniel F. Gottlieb on Feb 7, 2018
Posted In Big Data, Consumer Protection, Data Privacy, Workplace Privacy
The General Data Protection Regulation (GDPR) establishes protections for the privacy and security of personal data (Personal Data) about individuals in the European Union (EU) single market countries, and potentially affects the clinical and other scientific research activities of academic medical centers and other research organizations in the United States. This On the Subject includes...
False Claims Act Settlement with eClinicalWorks Raises Questions for Electronic Health Record Software Vendors
By Daniel F. Gottlieb and Tony Maida on Jul 7, 2017
Posted In Consumer Protection, Data Privacy, General Interest, Uncategorized
On May 31, 2017, the US Department of Justice announced a Settlement Agreement under which eClinicalWorks, a vendor of electronic health record software, agreed to pay $155 million and enter into a five-year Corporate Integrity Agreement to resolve allegations that it caused its customers to submit false claims for Medicare and Medicaid meaningful use payments...
End of Year Attention to Health IT and Digital Health Tools in 21st Century Cures
By Daniel F. Gottlieb, Jennifer S. Geetter, Karen S. Sealander, Lisa Mazur and Scott Weinstein on Dec 13, 2016
Posted In Consumer Protection, Data Privacy, Telehealth
On December 7, 2016, the US Congress approved the 21st Century Cures Act (Cures legislation), which is intended to accelerate the “discovery, development and delivery” of medical therapies by encouraging public and private biomedical research investment, facilitating innovation review and approval processes, and continuing to invest and modernize the delivery of health care. The massive...
OCR Explains How Information Blocking Violates HIPAA
By Amanda Enyeart, Edward G. Zacharias, Daniel F. Gottlieb and Ryan S. Higgins on Oct 27, 2016
Posted In Cloud, Consumer Protection, Cybersecurity, Data Privacy, General Interest
The US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently posted guidance (OCR guidance) clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a covered entity customer to protected health information (PHI) maintained by the vendor on behalf of the...