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


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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 2013 Supplement updates current e-health trends, as this industry continues to surge to a $40 billion, but not without some growing pains. Technology innovation and government incentives continue to bolster the value of e-health products and services to society at large. Moreover, consumer demand for mobile services are driving growth. However, adoption by health care providers, individuals and insurance companies, particularly with respect to electronic health records (EHR), continues to be hampered by ease of use, privacy and cost concerns. 

The 2013  Cumulative Supplement also includes coverage of the following key developments and additional features:

  • The issuance of the HIPAA Omnibus Rule, triggering significant contracting activity necessary to comply with new HIPAA requirements, including the direct regulation of business associates and downstream subcontractors who have access to protected health information
  • Complete revision of the chapter on information security and breach notification under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Clinical and Economic Health Act (HITECH), with sweeping changes to this area of both laws brought about by publication of the final implementing regulations for HITECH’s data privacy and security rules
  • The FDA’s continued challenge to regulate e-health technology, but has provided some indication on how it will address promotional activity using social media. The Supplement includes new coverage of this issue as well as the regulation of mobile apps and devices.
  • Increased use of social media raises legal and ethical issues for the health lawyer. Moreover, reliance on new technology and services, including cloud computing and cloud data storage, makes cybersecurity a necessity for new e-health technology.  The Supplement addresses some new challenges associated with  the use of the internet, cloud services, listservs, and the virtual legal office, which have become pervasive. 
  • The Supplement includes updated advice regarding e-health transactions, including due diligence of government contractors.  The Supplement addresses specific topics including Federal Acquisition Regulation restrictions on government contract assignment, special issues regarding valuation of government contracts, intellectual property rights, and export control restrictions.
  • The European data privacy regime continues to be of critical importance to many e-health businesses.  The Supplement provides an update on significant developments, including additional countries that have adopted the EU Privacy Directive, and draft regulations that apply not only to the organizations established within the EEA, but also to organizations established outside the EEA but offering goods or services to, or monitoring the behavior of, individuals in the EEA. This will have the effect of pulling a non-EEA based organization within the scope of the European regime.


Main Volume Information

2011/912 pp. Hardcover/ISBN 9781570189920/ABAWEB1992

Supplement Information

2013/Approx. 125 pp. Softcover/ISBN 9781617462740/ABAWEB2274 

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