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Kirk Nahra Discusses Impact of President Obama’s Cybersecurity Plan on Health Care
Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a January 20 Modern Healthcare article about President Obama’s call to focus on cybersecurity in his State of the Union address. Mr. Nahra’s comments were also cited by iHealthBeat.
The President is proposing a federal data breach law that Mr. Nahra said would pre-empt 47 states’ existing breach notification laws. The plan “carves out the banking and the health care industries, because they have their own breach laws,” he said.
He also said a draft proposal of the legislation would not alter the Health Insurance Portability and Accountability Act’s (HIPAA) requirements for covered entities. Additionally, the HIPAA amendment under the Health Information Technology for Economic and Clinical Health (HITECH) Act does not pre-empt state breach notification laws, added Mr. Nahra.