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Kirk Nahra Discusses Top Health Regulatory Issues for 2017

Bloomberg BNA’s Health Law Reporter
January 10, 2017

Kirk J. Nahra, chair of Wiley Rein’s Privacy & Cybersecurity Practice and co-chair of the Health Care Practice, was quoted in a January 5 Bloomberg BNA article outlining the top health regulatory issues for 2017. The article listed the potential repeal of the Affordable Care Act (ACA), Medicaid concerns, and the management of private health data as key issues to watch for in the new year.

The potential for the Trump Administration to repeal the ACA may be the “first place where the impact of a new administration that has hardline political positions without sufficient or appropriate policy back-up” may impact Americans on a large scale, said Mr. Nahra.

He added that a repeal of the ACA could also have serious consequences on states where Medicaid coverage has expanded. “We will see a material impact on overall Medicaid populations, and continued and expanded stress on the providers who treat these populations,” Mr. Nahra said.

It also remains unclear if the incoming Administration will continue to utilize the Health Insurance Portability and Accountability Act (HIPAA) as a vehicle to regulate and punish health care companies for breaches of private health data, according to the article. Mr. Nahra said any specific predictions about the Administration’s stance on HIPAA enforcement are just “broad generalizations from big picture themes.”