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Scott A. Weinstein provides legal counsel on health care regulatory compliance, contracting and transactional due diligence, with a focus on health information privacy and security, Medicare and Medicaid's health information technology and quality reporting requirements, and clinical research regulations. Scott additionally provides legal counsel on federal and state privacy and data protection laws, with a focus on privacy audits and the development of internal and externally facing privacy policies for websites and mobile applications. Read Scott Weinstein's full bio.

Preparing Your Data for a Post-COVID-19 World


By , , and on Jul 30, 2020
Posted In Big Data, Data Transfers/Safe Harbor/Privacy Shield

The US healthcare system’s data infrastructure needs an overhaul to prepare for future health crises, streamline patient care, improve data sharing and accessibility among patients, providers and government entities, and move toward the delivery of coordinated care. With insights from leaders from Arcadia, Validic and McDermott, we recently discussed key analyses and updates on the...

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Can We Expect to See ONC’s Final Rule on Information Blocking Soon?


By , , and 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...

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Order now: The Law of Digital Health Book


By , , , , , , , , , , , and on Mar 20, 2018
Posted In Big Data, Cloud, Consumer Protection, Data Privacy, General Interest, Telehealth

Designed to provide business leaders and their key advisors with the knowledge and insight they need to grow and sustain successful digital health initiatives, we are pleased to present The Law of Digital Health, a new book edited and authored by McDermott’s team of distinguished digital health lawyers, and published by AHLA. Visit www.mwe.com/lawofdigitalhealth to order this...

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Digital Health Year in Review: 2017 Trends and Looking Ahead to 2018


By , , , , , , , and on Jan 12, 2018
Posted In Advertising & Marketing, Big Data, Cloud, Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, Mobile Apps, Telehealth

Throughout 2017, the health care and life sciences industries experienced a widespread proliferation of digital health innovation that presents challenges to traditional notions of health care delivery and payment as well as product research, development and commercialization for both long-standing and new stakeholders. At the same time, lawmakers and regulators made meaningful progress toward modernizing...

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ONC’s De-Regulatory Announcement Aims at Enticing Industry to Adopt 2015 Edition Criteria


By on Nov 6, 2017
Posted In Big Data, Consumer Protection, Cybersecurity, Mobile Apps, Telehealth

In September, the Office of the National Coordinator for Health Information Technology (ONC) announced that it is scaling back requirements for third-party certification of criteria related to certified electronic health record (EHR) technology (CEHRT). Going forward, ONC will allow health developers to self-declare their products’ conformance with 30 of the 55 certification criteria. ONC will...

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New York’s Cybersecurity Requirements Pose Multi-Year Compliance Challenges


By , , and on Sep 20, 2017
Posted In Cybersecurity, Data Privacy

New cybersecurity regulations issued by the NYDFS define the nonpublic information they regulate in exceptionally broad terms. This expanded definition of Nonpublic Information will create major challenges for regulated companies and their third-party service providers that will likely ripple through other ancillary industries. Continue Reading.

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End of Year Attention to Health IT and Digital Health Tools in 21st Century Cures


By , , , and 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...

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Consumer Health Information Update from Both Sides of the Atlantic


By and on Feb 27, 2015
Posted In Big Data, Consumer Protection, Data Privacy, General Interest, Mobile Apps

As we reported in May 2014, the Federal Trade Commission (FTC) convened stakeholders to explore whether health-related information collected from and about consumers — known as consumer-generated health information (CHI) — through use of the internet and increasingly-popular lifestyle and fitness mobile apps is more sensitive and in need of more privacy-sensitive treatment than other...

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States Respond to Recent Breaches with Encryption Legislation


By on Feb 25, 2015
Posted In Consumer Protection, Cybersecurity, General Interest

In the wake of recent breaches of personally identifiable information (PII) suffered by health insurance companies located in their states, the New Jersey Legislature passed, and the Connecticut General Assembly will consider legislation that requires health insurance companies offering health benefits within these states to encrypt certain types of PII, including social security numbers, addresses...

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The New Normal: Big Data Comes of Age


By , , , and on May 13, 2014
Posted In Advertising & Marketing, Big Data, Cloud, Consumer Protection, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, General Interest, Mobile Apps

On May 1, 2014, the White House released two reports addressing the public policy implications of the proliferation of big data. Rather than trying to slow the accumulation of data or place barriers on its use in analytic endeavors, the reports assert that big data is the “new normal” and encourages the development of policy...

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