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Privacy Law

Allocation and Mitigation of Risk: E-Health, Privacy and Security Law

Authored by Brian Balow, Member at Dawda Mann

At Dawda Mann, going above and beyond in our industries of expertise is important to us. That’s why I have been a contributing author to all three editions of E-Health, Privacy, and Security Law, a comprehensive treatise published by the ABA Health Law Section and Bloomberg/BNA.  The treatise provides a comprehensive analysis of all things e-health, ranging from an overview of the e-health industry to detailed analyses of intellectual property, antitrust, privacy and data security, and other issues pertaining to the deployment of e-health mechanisms.

E-health providers and users face real and substantial legal and regulatory risks associated with the use of health information technology. These users and providers fall into several categories (some of which may overlap): e-content, e-product, e-connection, e-care, and electronic health record (EHR) system users and providers. The first step in managing the risks these factors face is knowledge of their existence, which is the primary focus of the treatise. Once known, the objective is to minimize, and if possible eliminate, the risks and their attendant liabilities.

This year, I had the pleasure of doing a full re-write of my chapter in the treatise, titled “Allocation and Mitigation of Risk.” The chapter generally identifies the legal and regulatory risks applicable to each e-health provider and user category, provides a detailed summary of the penalties and liabilities potentially deriving from those risks, and offers recommendations and techniques for the allocation and mitigation of those risks.  Topic areas include unauthorized use of copyrighted material, unlicensed and unauthorized practice of medicine, privacy and data security and federal regulation of telemedicine.

If you’re looking for a single resource on the rapidly expanding area of e-health law and regulation, please consider this treatise. We’re only a few months into 2017, but we’re already working on the next publication supplement.

Send me a message if you’re interested in learning more about e-health or the entire treatise.