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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
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.
|Participants will be able to:
- Examine the more unique considerations that apply to healthcare
data mining compared to other industries.
- Ascertain how specific HIPAA provisions apply to healthcare data
mining and Big Data initiatives.
- Understand what constitutes a Business Associate and what
provisions govern Business Associate transactions relating to
healthcare data mining and Big Data.
- Identify three sets of rules that drive Business Associate
relationships and Big Data in healthcare.
- Explore other legal, regulatory
and ethical considerations beyond HIPAA relevant to Big Data
- Determine how to develop a set of best practices for mining
healthcare Big Data that incorporates applicable legal, regulatory
and ethical considerations.
- 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.
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
- Business and Market
- 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
- Third Party Administrators
- Pharmaceutical Organizations
- Consulting Organizations
- Business Processing
- Solutions Providers
- Associations, Institutes and
- Other Interested Parties
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
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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