“Are you taking your medication?” “Did you schedule your follow-up cancer screening”? “Would you be interested in participating in a clinical trial”? These are questions that pharmacies, physicians, drug manufacturers and researchers routinely want to pose to patients. But asking these questions has inherent privacy law risk, and the context and mode of communication is critical to mitigating that risk. Are you texting a patient without prior consent? Are you using a patient’s social media posts to ask them about interest in a clinical trial? This panel will explore the various channels through which members of the health care industry are seeking to advance health care outcomes and pursue potential new cures, examining the privacy implications of, for example, HIPAA, the Telephone Consumer Protection Act, FTC actions involving social media sites, and various state privacy laws.
Nancy Perkins, Counsel, Arnold & Porter Kaye Scholer
Cora Tung Han, Senior Attorney, Division of Privacy & Identity Protection, Federal Trade Commission
Adam Peltzman, Director, BCBS Legal Department Cooperative, Senior Associate General Counsel, Legal & Governance, Blue Cross Blue Shield Association