E-Health, Privacy, and Security Law, Second Edition

Special ABA Section member price

This treatise provides health law practitioners and e-health professionals with a full exploration of the legal, regulatory, transactional, and ethical issues at the nexus of health and information technology, including e-health, privacy, security, social media, HIPAA, HITECH, and more. It also includes guidance on maximizing technology to cut costs and improve marketing, all while staying compliant and avoiding penalties.


A Supplement to this volume will soon be available. Order now.

Main Volume Information

E-health is rapidly emerging as one of the most dynamic and fastest-growing areas of the health care industry. As the industry becomes more dependent on information technology, health law practitioners are increasingly confronting unfamiliar legal issues. The Second Edition of E-Health, Privacy, and Security Law, with CD-ROM, a reformulation of Bloomberg BNA’s E-Health Business and Transactional Law, offers clear guidance on the full range of today’s e-health business and transactional law issues and discusses such important topics and trends as:

  • Personal health records and social media
  • FDA regulation of e-health technology
  • Special issues regarding electronic health information and litigation
  • The latest regulations on privacy and security issues under the HITECH Act
  • New enforcement techniques and practices

The Second Edition contains a comprehensive discussion of new HIPAA enforcement actions, including the first State Attorney General enforcement action under the HITECH Act and the first impositions of civil money penalties and jail time for criminal actions under HIPAA. Health law practitioners need this treatise to:

  • Get a snapshot of the e-health industry and an overview of the recent trends in the marketplace
  • Learn about the ways in which social media and the “meaningful use” doctrine have hastened adoption of e-health products and services
  • Understand the current privacy and security requirements under HIPAA and discover ways to comply with these rules in order to avoid recent aggressive enforcement actions
  • Learn how the FDA, FCC and DOJ Antitrust Division are regulating the e-health industry and its innovative products and services
  • Avoid problems by learning due-diligence procedures and contract drafting tips, including protective intellectual property provisions
  • Learn about other common pitfalls and potential liabilities unique to the e-health industry related to professional licensure and credentialing, litigation risks, and legal ethics

This treatise also is useful for e-health professionals, who will value its indispensable analysis and advice to help them avoid penalties and jail time; maximize the use of technology to increase efficiency, cut costs, and improve marketing; and complete e-health strategic transactions successfully.

Supplement Information

The 2014 Cumulative Supplement adds discussion of the following: Medicare and Medicaid reimbursement for telemedicine; HHS 2013 omnibus amendments to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules; FDA 2014 draft guidance on drug and biologic manufacturer regulatory obligations in the context of social media marketing: Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media for Prescription Human and Animal Drugs and Biologics; USPTO promulgated guidelines for determining subject matter eligibility in view of the Supreme Court’s holdings in Mayo Collaborative Servs. v. Prometheus Labs. Inc. and Association for Molecular Pathology v. Myriad Genetics, Inc.; FDASIA Health IT Report, published in April 2014, which applies to technologies hosted on a variety of platforms, including mobile, cloud-based, and installed products; examination of the Federation of State Medical Boards’ Model Policy on the Appropriate Use of Telemedicine Technologies in the Practice of Medicine and the obstacles it creates for physicians; and more.



Main Volume Information

2011/912 pp. Hardcover/ISBN 9781570189920/ABAWEB1992

Supplement Information

2014/Approx. 125 pp. Softcover/ISBN 9781617462740/ABAWEB2465


Main Volume Information
About the Editor-in-Chief 
W. Andrew H. Gantt III is a partner in Cooley LLP, Washington, DC, and a member of its Life Sciences Practice Group. He also leads Cooley’s Health Care Regulatory Practice.

ABA Health Law Section

Supplement Information

W. Andrew H. Gantt III, Editor-in-Chief

ABA Health Law Section