Alaap B. Shah, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, was quoted in Law.com Legaltech News, in “Call an (Online) Regulatory Expert: Telemedicine Faces Complicated Data Compliance,” by Victoria Hudgins.
Following is an excerpt:
Not only can you purchase items or vote in a national election through a smartphone, but you can also consult a doctor and receive treatment.
That tech-fueled health care convenience is telemedicine, an industry with no specific data privacy or cybersecurity regulations governing it. But that doesn’t mean it’s completely under the radar—perhaps the opposite. Indeed, the telemedicine space is potentially under the scope of multiple federal and state laws that force service providers into a complicated compliance juggling act. …
But the federal regulations that can possibly entangle a telemedicine organization’s data collection and safeguarding procedures doesn’t end there. Epstein Becker Green health care and life sciences member Alaap Shah noted if a telemedicine product is a medical device, it would fall under the U.S. Food & Drug Administration’s purview.
Likewise, telemedicine’s data privacy and cybersecurity habits are also targeted by state regulators. If patients are spread across the country, 50 different data breach laws could apply.