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Best Practices for Mining Big Data: Legal, Regulatory and Ethical Considerations 
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A myriad of legal, regulatory and ethical considerations must be addressed in order for healthcare stakeholders to properly leverage Big Data in healthcare, and adopt best practices in data mining.

Big Data involves powerful and often surprisingly granular information that can be assembled about individuals based on analysis of enormous databases, and typically refers to the application of emerging techniques in data analytics, such as machine learning and other artificial intelligence tools, to those enormous databases of personal information. Sources of Big Data often include smartphone GPS data; web browsing data; social networking activity and biometric data.

Projects using Big Data can transform healthcare delivery, because providers are better able to assess acute cases in an entire population. As well, they can develop new ways to identify and prevent illness. But peril looms. Retail Big Data analysis, doesn’t usually have to be conducted within the parameters of rigorous industry-specific privacy laws and regulations. Not so with healthcare, which must operate under the Health Insurance Portability and Accountability Act, among other statutes. And in fact, key principles of privacy regulations are ill-suited to Big Data.

Big Data has caught the attention of the federal government; indeed, the Federal Trade Commission’s jurisdiction to regulate “unfair and deceptive acts or practices” under Section 5 of the FTC Act may hold the key to future Big Data regulation, as it permits distinguishing between beneficial uses of Big Data (identifying potential health risks) from negative uses (discrimination based on health status). 

Large Business Associate entities are destined to play a key role in the development of Big Data analytics in healthcare, but they must operate within the parameters of the often-ambiguous HIPAA rules governing uses of Personal Health Information for management and administration, data aggregation services and de-identification. Health plans and other healthcare companies are increasingly basing new products and business models on the use of Big Data, so it’s vital that companies address data collection and use issues in customer services agreements prior to the collection of data, if possible.

Companies seeking to leverage Big Data initiatives also need to be sensitive to consumer perceptions about how companies are using their personal information -- the so-called “ick factor.” Just because it’s legal, doesn’t mean you won’t be criticized for doing it; just because you’re using the information to improve the health of a population doesn’t mean consumers won’t assume you’re actually selling it or using it for some other for-profit purpose.

Please Join Morgan Lewis's Reece Hirsch on Wednesday, October 7th, 2015 from 1PM until 2PM Eastern, during this HealthcareWebSummit event as he discusses Best Practices for Mining Big Data: Legal, Regulatory and Ethical Considerations.
Learning Objectives
Participants will be able to:
  1. Examine the more unique considerations that apply to healthcare data mining compared to other industries.
  2. Ascertain how specific HIPAA provisions apply to healthcare data mining and Big Data initiatives.
  3. Understand what constitutes a Business Associate and what provisions govern Business Associate transactions relating to healthcare data mining and Big Data.
  4. Identify three sets of rules that drive Business Associate relationships and Big Data in healthcare.
  5. Explore other legal, regulatory and ethical considerations beyond HIPAA relevant to Big Data initiatives.
  6. Determine how to develop a set of best practices for mining healthcare Big Data that incorporates applicable legal, regulatory and ethical considerations.
  7. Engage in interactive learning through online question submission, attendee feedback and opportunity for follow-up questions, and networking with attendees, faculty and other professionals through a dedicated LinkedIn group.
Who Should Attend
Interested attendees would include:
  • C-Suite Executives
  • Legal, Regulatory and Policy Executives and Staff
  • Compliance Officers and Staff
  • Privacy Officer and Staff
  • Analytics and Informatics Executives and Staff
  • Actuarial and Underwriting Executives and Staff
  • Predictive Modeling Executives and Staff
  • Statisticians and Data Analysts
  • Planning and Strategic Executives and Staff
  • Innovation and Transformation Executives
  • Business and Market Intelligence Staff
  • Health Care Economists
  • Other Interested Parties

Attendees would represent organizations including:

  • Health Plans
  • Hospital Systems
  • Accountable Care Organizations
  • Provider Networks
  • Medical Groups
  • Care Management Organizations
  • Government
  • Third Party Administrators
  • Employers
  • Pharmaceutical Organizations
  • PBMs
  • Consulting Organizations
  • Business Processing Organizations
  • Solutions Providers
  • Associations, Institutes and Research Organizations
  • Media
  • Other Interested Parties
Best Practices for Mining Big Data: Legal, Regulatory and Ethical Considerations 
  Individual Registration Fee: $195. Post-event materials, with video syncing slides and recorded audio, plus presentation pdf file: $45 for attendees; $260 for non-attendees after the event. Register online or download the event brochure. Attendees will also receive a complimentary trial three-month subscription to Predictive Modeling News.

Package Registration: $295. Register for this event, and the October 13th event, Consumer Lifestyle and Behavioral Analytics: Leveraging Supplemental Data for Risk Intervention and More, and receive a package registration price of $295 for both events combined - with a savings of $95 (about 25%).

Register Now   Corporate Site licensing also available. Click here to register or call 209.577.4888 We look forward to your participation in this event!
W. Reece Hirsch

W. Reece Hirsch
Morgan Lewis


Reece represents clients in almost all sectors of the healthcare industry on privacy and security compliance matters. He helps them develop policies and procedures, structures healthcare information technology ventures, addresses Big Data issues, and responds to security breaches. Reece also works with clients to develop and implement corporate compliance programs. Healthcare companies turn to Reece for guidance on conforming their operations—including recruitment, marketing, and data transmissions—to US federal and state healthcare regulatory requirements.

Described by Chambers USA as “a terrific healthcare attorney,” Reece has served as lead transaction counsel on the sale and acquisition of hospitals, medical groups, clinics, and other healthcare organizations. He also counsels clients on the regulatory implications of joint venture arrangements. Reece guides clients through corporate matters relating to the formation and ongoing representation of independent practice associations, medical groups, management services organizations, integrated delivery systems, and healthcare technology companies.

In addition to his healthcare industry work, Reece counsels companies outside of the healthcare industry on general privacy and security matters. These include online privacy, financial privacy, and mobile app issues. The International Association of Privacy Professionals has designated him a Certified Information Privacy Professional.

Reece also served on an advisory group to the California Department of Justice that developed a 2013 policy guide on the detection, prevention, and response to medical identity theft for providers implementing electronic health records systems. He previously served on a similar advisory group to the California Office of Privacy Protection that developed security breach response recommended practices.

Reece is a member of the editorial advisory boards of Bloomberg/BNA’s Health Law Reporter, Healthcare Informatics and Briefings on HIPAA.

In 2009, Nightingale’s selected Reece as an Outstanding Healthcare Information Technology Lawyer. He frequently writes on privacy and healthcare topics.

On a volunteer basis, Reece serves on the board of directors of 826 National, a nonprofit organization dedicated to supporting students ages six to 18 in the development of their creative and expository writing skills. He also serves on the board of directors of the Valentino Achak Deng Foundation, which is dedicated to rebuilding the village of Marial Bai in southern Sudan.


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