Wilson Sonsini partner Jodi Daniel was recently quoted in a KFF Health News article, which was also featured by CNN. The piece, titled "Trump’s Personnel Agency Is Asking for Federal Workers’ Medical Records," explores the Trump administration's notice regarding access to medical records of federal workers, retirees, and their families. The proposal has raised concerns about whether the collection meets requirements under the HIPAA privacy rules, which only allows health plans to disclose individually identifiable health information for limited purposes and even then only the minimum necessary. Concerns have also been raised about the Office of Personnel Management (OPM) having access to large amounts of health information, which would no longer be subject to HIPAA. Jodi, who played a pivotal role in shaping the legal framework for the HIPAA privacy rules over 20 years ago, commented, “The language in it [the OPM notice] seems quite broad and encompasses potentially a lot of information and data and is light on justification."
Read the full KFF Health News article here and view CNN’s coverage here.