Barry H. Boise, a partner and member of the Leadership Team of the firm's Health Sciences Department, and Sharon R. Klein (CIPP/US), a partner in the Health Sciences Department of Pepper Hamilton, chair of the Privacy, Security and Data Protection practice and a leader of the Technology practice and the Digital Health practice, were quoted in the May 24, 2017 MedCityNews article, "How Should Digital Health Vendors Interpret New York's Move to Flex Its Regulatory Muscle?"
Some lawyers said they expected other states to step up their oversight of digital health companies, although they pointed out that New York isn’t the first to do this in matters of privacy and health. Barry Boise and Sharon Klein are partners and the co-chairs of Pepper Hamilton’s digital health practice.
“New York’s actions are not unique to that state or its laws. In the area of privacy, almost all states have been active in passing legislations expressing an interest in privacy; taking enforcement, and communicating with Congress their intent to take a role in enforcing privacy laws, and not have Congress override this ability,” Boise and Klein said. “In the area of health, nearly all State AGs similarly have been active bringing enforcement actions, where they believe there is false and misleading activity. For digital health, it brings together both of these interests.”
Although they acknowledged it would be hard to predict which state will begin reaching similar settlements with startups, some seemed to think California would be next.
“There are dozens of states that have expressed interest; however, if [we] had to pick one, it would be California, said Boise and Klein in an email. “There are a breadth of laws to enforce, and the ability of Counties and Municipalities to bring actions in the name of the People of California, so the opportunity to bring enforcement and reach settlements is greater.”