Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Jodi G. Daniel

Jodi G. Daniel

Jodi Daniel is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Health Care Group, where she provides strategic advice to clients navigating the legal and regulatory environments related to technology in the health care sector. Jodi is the former 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). She served for a decade as the director at the ONC and 15 years at HHS, where she helped spearhead important changes in health information privacy and health information technology to improve health care for consumers nationwide.

For more than a decade, Jodi has been responsible for thought leadership, policy development, and identifying policy drivers for health IT activities within the federal government, and ultimately established the HHS’ national health IT policy. As former director at the ONC, she addressed privacy and security issues to ensure that there was clear guidance on how the initial Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules applied to health IT. Jodi set the strategic direction and set policy on consumer e-health and health IT safety. She is also credited with establishing the ONC’s regulatory capacity and led the development of all ONC regulations on health IT standards and certification.

As the first senior counsel for health information technology in the Office of the General Counsel (OGC) of HHS, Jodi developed HHS’s foundational legal strategies and coordinated all legal advice regarding health IT for HHS. She founded and chaired the health information technology practice group within OGC and worked closely with the Centers for Medicare and Medicaid Services in the development of the e-prescribing standards regulations and the Stark and anti-kickback rules regarding e-prescribing and electronic health records.

Read Jodi G.'s bio on Crowell & Moring's website

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Join us for an ABA Webinar on Evolving HIPAA Issues: Cloud, Mobile Apps, Access, and More

Posted in Cloud Computing, Health IT
Please join Crowell & Moring’s Jodi Daniel and Elliot Golding on January 31, 2017 for an ABA webinar called Evolving HIPAA Issues: Cloud, Mobile Apps, Access, and More This in-person panel discussion (with simultaneous webinar broadcast) will provide perspectives from the HHS Office for Civil Rights (OCR), the former director of the HHS Office of… Continue Reading

Illinois’ First Settlement under Biometric Law; AMA Adopts Principles for Mobile Health Apps; Ecuador to Enact Data Privacy Law

Posted in Cybersecurity / Data Security, Data Breach, Health IT
Illinois State Court Issues First Settlement under Biometric Law On December 1, 2016, the Cook County Circuit Court in Illinois approved what is being reported as the first settlement under the state’s Biometric Information Privacy Act, 740 ILCS 14/1 (BIPA or the Act).  BIPA provides a private right of action against companies that fail to… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of Oct 8

Posted in Cybersecurity / Data Security
Guidance on HIPAA & cloud computing; Senators question FTC enforcement standards HHS publishes guidance on HIPAA’s impact on cloud computing This week, the Department of Health and Human Services issued guidance for HIPAA-covered entities and business associates regarding cloud computing.  When a covered entity seeks to use cloud services in connection with the use and/or… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of September 12

Posted in Cybersecurity / Data Security, Privacy
    HHS Jumps on the Cybersecurity Information Sharing Bandwagon; Third Circuit on Economic Loss as a basis for Negligence Claim; FTC workshop on Ransomware; German draft implementing law for GDPR revealed. HHS Jumps on the Cybersecurity Information Sharing Bandwagon Because of recent news reports confirming that cyberattacks against healthcare agencies have increased 125 %… Continue Reading

Proposals to Protect Health Data Outside of HIPAA

Posted in Health IT, Privacy
Last month, the Office of the National Coordinator for Health Information Technology (“ONC”) sent a report to Congress highlighting the absence of adequate privacy and security safeguards for health data collected by entities not regulated by HIPAA.  For a discussion regarding the next steps to address these privacy and security gaps, please see our recent article in… Continue Reading

NTIA Seeking Comments on IoT

Posted in Internet of Things
The National Telecommunications and Information Administration (NTIA) has published a request for comment on federal policy related to the Internet of Things (IoT). For more information, please refer to our post on C&M Health Law. Crowell & Moring is available to assist in preparing comments in advance of the May 23,2016 filing deadline.  … Continue Reading

FTC’s New Online Quiz: Which Federal Laws Apply to Your App?

Posted in Government Agencies, Government Regulations & FISMA, Health IT, Privacy
On Tuesday, the FTC simultaneously released a “Mobile Health App Interactive Tool” and “Best Practices,” to help mobile health app developers navigate the maze of federal regulation, including data privacy regulation.  The tool walks developers through a series of high level questions about the nature of their app, and uses the answers to those questions… Continue Reading

HHS-OCR Announces First Settlement Involving Medical Device Security Issues

Posted in Data Breach
The day before Thanksgiving, the HHS Office of Civil Rights (OCR) announced its first settlement involving a reported data breach implicating security of medical devices used in the hospital setting. OCR’s $850,000 settlement and resolution agreement with Lahey Hospital and Medical Center (LHMC) stem from the theft of a laptop workstation used to operate and… Continue Reading