David Quinn Gacioch
Subscribe to David Quinn Gacioch's PostsDavid Quinn (Dave) Gacioch focuses his practice on litigation and enforcement defense, primarily related to the US healthcare sector. Dave counsels hospitals, health systems, physician practices, and other providers, along with payors, private equity sponsors, pharmaceutical and medical device manufacturers, and others involved in the US healthcare system, on compliance and risk mitigation issues. He conducts internal investigations for clients, and represents them in government investigations, enforcement actions, and civil and criminal litigation, including class actions. Read David Gacioch's full bio.
Federal Court Invalidates Key Part of HHS OCR Bulletin Regarding Application of HIPAA to Online Tracking Technologies
By Ryan S. Higgins, David Quinn Gacioch, Jennifer S. Geetter, Daniel F. Gottlieb and Edward G. Zacharias on Aug 27, 2024
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
In a consequential decision for Health Insurance Portability and Accountability Act (HIPAA)-regulated entities, on June 20, 2024, the US District Court for the Northern District of Texas ruled that the US Department of Health and Human Services Office for Civil Rights exceeded its authority in certain respects in sub-regulatory guidance. The guidance concerned HIPAA’s application...
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OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities
By Jennifer S. Geetter, David Quinn Gacioch, Elliot R. Golding, Daniel F. Gottlieb, Ryan S. Higgins and Edward G. Zacharias on May 14, 2024
Posted In Digital Health, Employee Benefits, Health and Welfare Plans, Privacy and Data Security
On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” In releasing the 2024 update, OCR stated that its purpose was to “increase clarity for regulated...
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HHS Publishes New Rights of Conscience Final Rule
By Gregory Fosheim, Sumaya Noush, David Quinn Gacioch and Edward G. Zacharias on Mar 28, 2024
Posted In Employee Benefits, Health and Welfare Plans
On January 11, 2024, the US Department of Health and Human Services (HHS) published its new final rule governing federal healthcare conscience protection statutes. The 2024 final rule, which went into effect March 11, 2024, repeals the majority of the prior final rule from 2019 that was found to be unlawful by three federal courts...
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How Can Employers Protect Workers Who Seek Abortion Care?
By David Quinn Gacioch and Sarah Raaii on Aug 17, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
As US states seek to reduce abortion access in the wake of the overturning of Roe v. Wade, how can employers protect workers who seek abortion care? In this Fortune article, McDermott’s David Gacioch, Sarah Raaii and Ellen Bronchetti offer insight into what the US Supreme Court’s decision means for employee healthcare data, employee benefits...
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Navigating Data Privacy Questions Post-Dobbs
By Scott Weinstein, Jayda Greco, David Quinn Gacioch, Daniel F. Gottlieb and Carolyn Metnick on Aug 10, 2022
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
The US Supreme Court’s recent decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health Organization has raised many questions about potential efforts by law enforcement agencies to obtain data from healthcare and other service providers to detect the performance of a possibly unlawful abortion. For example, data collected by period-tracking apps, patients’...
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Abortion Questions Swirl Over Health Lawyers in Post-Roe World
By Stacey Callaghan and David Quinn Gacioch on Jul 27, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
Following the US Supreme Court’s decision to overturn Roe v. Wade, health lawyers have been busy making sense of the legal implications of the court’s landmark ruling. In this Law360 article, McDermott Partners Stacey Callaghan and David Gacioch offer insight into the myriad of questions they’ve received from hospitals, pharmacies, telemedicine platforms, investors and other players...
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State Abortion Bans Signal Chaos for Providers
By Stacey Callaghan and David Quinn Gacioch on Jul 8, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
The US Supreme Court’s decision to overturn Roe v. Wade will generate a minefield of legal and criminal implications for healthcare providers, according to this Healthcare Dive article. McDermott Partners Stacey Callaghan and David Gacioch offer insight into what these restrictive state laws could mean for providers. Access the article.
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Preparing for the Demise of Roe v. Wade and the Criminalization of Abortion in Some US States: Practical Considerations for a Post-Roe World
By David Quinn Gacioch, Stacey Callaghan, Dana McSherry, Caroline Reignley, Paul Thompson and Sarah Raaii on Jun 15, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
Sometime in the next several weeks, the Supreme Court of the United States will issue its decision in Dobbs v. Jackson Women’s Health Organization (Dobbs). Based on the draft majority opinion authored by Justice Samuel Alito that was leaked to Politico in early May, there is a significant chance that the Court will overrule Roe v. Wade (Roe) and Planned Parenthood...
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With No Federal Law in Sight, States Continue to Refine Their Own Data Privacy Laws
By David Quinn Gacioch on Aug 26, 2015
Posted In Employment, Privacy and Data Security
With no Congressional consensus to adopt a federal data privacy and breach notification statute, states are updating and refining their already-existing laws to enact more stringent requirements for companies. Two states recently passed updated data privacy laws with significant changes. Read the full post here.
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Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy
By David Quinn Gacioch on Jul 22, 2014
Posted In Employment, Privacy and Data Security
The Supreme Court of the United States’ recent decision prohibiting warrantless mobile phone searches incident to arrest underscores unique privacy concerns raised by modern technology. The decision has an immediate impact on an individual’s rights under the Fourth Amendment, and may also have an impact on evolving areas of white collar and employment law. Read...
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