As we enter our third month of 2021 and the new Administration and Congress, new national, comprehensive data privacy legislation is still not guaranteed any time soon. In the absence of such a law, consumer health data remains governed by HIPAA, several other narrowly applicable federal laws, and a patchwork of state laws and regulations, leading to concern about how under-protected health data is collected, used, and shared. The exponential proliferation of mobile health applications, wearable devices, remote monitoring and online health-related communication in recent years has accelerated the need for prompt federal and industry action. Additionally, the COVID-19 pandemic has shone a spotlight on the collection and sharing of data and the legal landscape that does – or does not – protect it.

In this featured panel from eHI’s Annual Meeting in January, eHI Vice President and Senior Counsel Alice Leiter joined Jodie Daniel of Crowell & Moring, Laura Hoffman of the AMA, and Liz Salmi of OpenNotes and Beth Israel Deaconess Medical Center to discuss the challenging balance of shoring up legal protections for the increasing amount of non-HIPAA-covered health data, establishing consumer trust in new technologies, and encouraging innovation in health and health care.