Alaap B. Shah, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, was quoted in 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.

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.