Dobbs & the ‘Weaponization’ of Digital Health Data – The Health Care Blog


Health Tech

BY JESSICA DaMASSA

How will the reversal of Roe v. Wade impact virtual care and digital health companies from a health data privacy standpoint, particularly as States crack down on the use of telehealth as a mechanism for obtaining abortions and begin to look at digital health data as potential evidence in criminal cases where abortions are illegal?

Health data privacy expert and rightfully-so-self-proclaimed HIPAA Scholar, Deven McGraw, who spent three years as Deputy Director of the Health Information Privacy Office at HHS and currently leads Data Sharing and Stewardship at Invitae, gives us her hot take on what’s happened from a health data privacy standpoint and how it will impact health tech businesses and healthcare consumers in the short and long terms.

Deven’s take: “We’ve really jumped the shark in terms of what the consequences are of health data falling into the hands of people who intend to use it in order to pursue a criminal case either against a woman (or a man) seeking a service, or the provider that performed the service…” So, what does that mean for those who are dealing with digital health data? What are the limitations as far as what HIPAA can protect for patients and what it can’t? What loopholes have Deven worried about the privacy law’s ability to stand-up to the challenges now posed by the Dobbs decision? And, what does all this mean for the telehealth-based businesses that are providing services to these patients?

We have a sweeping conversation about the shifting health data privacy landscape in the wake of Roe’s reversal in this latest episode of our special monthly Virtual Care Regulatory Round-up Series, sponsored by the health tech company powering the virtual care industry, Wheel.



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