Daniel F. Gottlieb
Subscribe to Daniel F. Gottlieb's PostsDaniel 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.
DOJ Proposes Restrictions on Transactions Involving Bulk Sensitive Data, Including Health Data
By Rachel Stauffer and Daniel F. Gottlieb on Nov 21, 2024
Posted In Employee Benefits, Health and Welfare Plans
On October 29, 2024, the US Department of Justice (DOJ) issued a proposed rule to implement US President Joe Biden’s Executive Order (EO) 14117. This order aims to prevent countries of concern from accessing Americans’ sensitive personal data and US-government-related data. The proposal specifically includes health data as a category of sensitive personal data that...
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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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California’s New Reproductive Privacy Laws Create Information-Sharing Complexities
By Daniel F. Gottlieb, Alya Sulaiman and Reuben Bank on Nov 30, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
California Governor Gavin Newsom recently signed Assembly Bill 352 and Assembly Bill 254 into law, effective January 1, 2024. Through these new laws, California seeks to mitigate the risk of out-of-state prosecution of individuals seeking abortions or gender-affirming care. These bills include significant changes to California privacy and health information interoperability laws that will impact...
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Health Data in the EU and UK: Regulatory Trends and Developments
By Sharon Lamb, Deniz Tschammler, Daniel F. Gottlieb, Lorraine Maisnier-Boché and Pilar Arzuaga on Apr 25, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
With the General Data Protection Regulation (GDPR) resulting in a rise in enforcement incidents, it is prudent for organizations operating in the health and life sciences industries across the United Kingdom, European Union (EU) and other European Economic Area (EEA) nations to assess their responsibilities regarding the gathering and handling of health data. Major Points:...
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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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CCPA Amendment Update: California Legislature Approves Exceptions for HIPAA De-Identified Information and Other Health Data
By Daniel F. Gottlieb and Deepali Doddi on Oct 22, 2020
Posted In Employee Benefits, Health and Welfare Plans, Privacy and Data Security
On September 25, 2020, California Governor Gavin Newsom signed into law California AB 713, which amends the California Consumer Privacy Act (CCPA) to except from its requirements certain health information, including information that has been de-identified in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The bill’s enactment eases some of...
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HHS Office of Inspector General Calls for Increased Oversight and Enforcement of HIPAA
By Amy C. Pimentel, Edward G. Zacharias and Daniel F. Gottlieb on Nov 19, 2015
Posted In Employment, Health and Welfare Plans, Privacy and Data Security
On September 29, 2015, the U.S. Department of Health and Human Services Office of the Inspector General (OIG), Office of Evaluation and Inspections, released two studies calling on the HHS Office for Civil Rights (OCR) to strengthen its efforts in both general enforcement of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Standards and...
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OCR Launches Phase 2 HIPAA Audit Program with Pre-Audit Screening Surveys
By Edward G. Zacharias, Daniel F. Gottlieb and Ryan S. Higgins on May 26, 2015
Posted In Health and Welfare Plans, Privacy and Data Security
HIPAA covered entities have reported that the HHS Office for Civil Rights recently sent pre-audit screening surveys to a pool of covered entities that may be selected for the previously delayed second phase of HIPAA compliance audits. This On the Subject describes the phase two audit program and identifies steps that covered entities and business...
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OCR to Begin Phase 2 of HIPAA Audit Program
By Edward G. Zacharias and Daniel F. Gottlieb on Aug 26, 2014
Posted In Health and Welfare Plans, Privacy and Data Security
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security and breach notification standards (HIPAA Standards) as required by the Health Information Technology for Economic and Clinical...
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