Daniel F. Gottlieb

Daniel counsels healthcare clients regarding compliance with US federal, state and international privacy, security, breach notification and information blocking laws, including the Health Insurance Portability and Accountability Act (HIPAA), 21st Century Cures Act, Telephone Consumer Protection Act, CAN-SPAM and EU General Data Protection Regulation (GDPR). He offers guidance on the intersection of privacy and security requirements with information blocking prohibitions under the 21st Century Cures Act and Medicare rules impacting the deployment of health information technology and sharing of health information.

Daniel has deep experience regarding requirements for de-identification, anonymization and other secondary uses of health information under HIPAA, California Consumer Privacy Act (CCPA) and GDPR.

He drafts and negotiates license and supply agreements for health data and other health content on behalf of data suppliers, data aggregators and licensees.

He advises health IT developers and healthcare providers on all aspects of software licenses and other agreements for the licensing and use of electronic health record (EHR) systems and other mission-critical health IT. He represents health IT developers on third-party vendor programs, reseller agreements and other arrangements involving the integration of IT systems.

Daniel regularly advises clients regarding their response to cyberattacks and other security breaches, and defends against subsequent investigations by the US Department of Health and Human Services Office for Civil Rights and other regulators.

Daniel assists with compliance program implementations, compliance audits, and government program overpayment and refund matters, including drafting billing compliance policies and procedures. He also counsels clients on compliance with Medicare and Medicaid reimbursement requirements and fraud and abuse laws.

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• Advised healthcare providers, health plans and health IT vendors on all aspects of responding to security breaches, including internal investigations, drafting breach notification letters, drafting breach reports to regulators, developing corrective action plans, and defending against investigations and subsequent consumer class action litigation 

• Served as Medicare reimbursement counsel in defense of whistleblower actions under the False Claims Act alleging Medicare billing, Stark Law and Anti-Kickback Statute violations

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• Acritas Stars, Independently Rated Lawyers, 2020 

• Health Data Management, 50 Top Healthcare IT Experts, 2015

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