Daniel F. Gottlieb

Daniel F. Gottlieb counsels a wide range of health care industry clients, including health care providers, health plans, health information technology (IT) vendors and life sciences companies. He represents these entities on health IT acquisitions, privacy and data protection, reimbursement, fraud and abuse, and other health care regulatory and transactional matters. Daniel is a co-leader of the Firm’s Global Privacy and Cybersecurity Practice. Read Daniel Gottlieb's full bio.

Firm/Organization: McDermott Will & Emery

Blogs: Employee Benefits Blog, FCA Update, Health & Life Sciences News, Of Digital Interest

Latest Articles

FCA Update

Questions Remain for the EHR Industry as a Second EHR Vendor, Greenway Health, Settles False Claims Act Allegations

By James A. Cannatti III, Daniel F. Gottlieb & Tony Maida on February 26, 2019

DOJ announced on February 6, 2019, the Settlement Agreement resolving allegations in DOJ’s Complaint that Greenway caused its customers to submit false Medicare and Medicaid claims for payments under the EHR Incentive Programs in violation of the FCA and that it paid illegal kickbacks to current customers to recommend Greenway products (that are used to generate incentive payments or avoid penalties under the EHR Incentive Programs) to new customers. Under the Settlement Agreement, Greenway agreed…

Health & Life Sciences News

ONC Expected to Release Proposed Information Blocking Rule Soon

By James A. Cannatti III, Daniel F. Gottlieb & Karen S. Sealander on October 17, 2018

It has now been one month since the US Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) sent its proposed information blocking rule to the Office of Management and Budget (OMB) for required review. We expect OMB to approve the much-anticipated proposed rule and ONC to release it soon with the usual opportunity for public comment. While we wait, there are some things that health information…

Of Digital Interest

California Enacts a Groundbreaking New Privacy Law

By Michael G. Morgan, Daniel F. Gottlieb, Matthew R. Cin, Jonathan Ende, Amy C. Pimentel & Li Wang on June 29, 2018

California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy law in the United States, reaching far beyond California’s borders to give California consumers more visibility and control over their personal information. Continue Reading.…

Of Digital Interest

Financing High-Growth Health IT Companies: McDermott and Capstone’s Panel Recap from HIMSS 18

By Daniel F. Gottlieb on April 11, 2018

Earlier this month, more than 45,000 attendees descended on Las Vegas, NV, for the nation’s largest annual health care technology conference: the 2018 HIMSS Conference & Exhibition (HIMSS18). Conversations and educational sessions covered a wide range of health tech topics, with thought leaders, solutions developers, health system executives, patient advocates and care providers coming together to discuss the myriad obstacles and opportunities facing the health care technology industry today. On Tuesday March 6, during…

Of Digital Interest

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

By Matthew L. Knowles, Daniel F. Gottlieb & Matthew R. Cin on March 23, 2018

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not eliminate the prospect of TCPA liability and leaves important TCPA interpretive questions unresolved. Businesses should continue to be vigilant regarding consent and opt-out procedures when sending automated text messages and automated or pre-recorded calls to consumers. Continue Reading…

Of Digital Interest

Does GDPR Regulate My Research Studies in the United States?

By Bernadette M. Broccolo, Daniel F. Gottlieb, Ashley Winton, Matthew R. Cin & Amy C. Pimentel on February 7, 2018

The General Data Protection Regulation (GDPR) establishes protections for the privacy and security of personal data (Personal Data) about individuals in the European Union (EU) single market countries, and potentially affects the clinical and other scientific research activities of academic medical centers and other research organizations in the United States. This On the Subject includes frequently asked questions that discuss the extent to which United States research organizations must comply with GDPR when conducting research.…

Of Digital Interest

False Claims Act Settlement with eClinicalWorks Raises Questions for Electronic Health Record Software Vendors

By Daniel F. Gottlieb, Joan Polacheck & Tony Maida on July 7, 2017

On May 31, 2017, the US Department of Justice announced a Settlement Agreement under which eClinicalWorks, a vendor of electronic health record software, agreed to pay $155 million and enter into a five-year Corporate Integrity Agreement to resolve allegations that it caused its customers to submit false claims for Medicare and Medicaid meaningful use payments in violation of the False Claims Act. Read the full article.…

FCA Update

False Claims Act Settlement with eClinicalWorks Raises Questions for Electronic Health Record Software Vendors

By Daniel F. Gottlieb, Tony Maida & Joan Polacheck on June 9, 2017

Of Digital Interest

End of Year Attention to Health IT and Digital Health Tools in 21st Century Cures

By Scott Weinstein, Lisa Schmitz Mazur, Karen S. Sealander, Jennifer S. Geetter & Daniel F. Gottlieb on December 13, 2016

On December 7, 2016, the US Congress approved the 21st Century Cures Act (Cures legislation), which is intended to accelerate the “discovery, development and delivery” of medical therapies by encouraging public and private biomedical research investment, facilitating innovation review and approval processes, and continuing to invest and modernize the delivery of health care. The massive bill, however, also served as a vehicle for a variety of other health-related measures, including provisions relating to health information…

Of Digital Interest

OCR Explains How Information Blocking Violates HIPAA

By Amanda Enyeart, Edward G. Zacharias, Daniel F. Gottlieb & Ryan S. Higgins on October 27, 2016

The US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently posted guidance (OCR guidance) clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a covered entity customer to protected health information (PHI) maintained by the vendor on behalf of the customer. Such “information blocking” could occur, for example, during a contract dispute in which a vendor terminates customer access or…

Daniel F. Gottlieb

Questions Remain for the EHR Industry as a Second EHR Vendor, Greenway Health, Settles False Claims Act Allegations

ONC Expected to Release Proposed Information Blocking Rule Soon

California Enacts a Groundbreaking New Privacy Law

Financing High-Growth Health IT Companies: McDermott and Capstone’s Panel Recap from HIMSS 18

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

Does GDPR Regulate My Research Studies in the United States?

False Claims Act Settlement with eClinicalWorks Raises Questions for Electronic Health Record Software Vendors

False Claims Act Settlement with eClinicalWorks Raises Questions for Electronic Health Record Software Vendors

End of Year Attention to Health IT and Digital Health Tools in 21st Century Cures

OCR Explains How Information Blocking Violates HIPAA

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