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Marcy
Wilder
Partner, Washington, D.C.
marcy.wilder@hoganlovells.com
Marcy Wilder is a director of Hogan Lovells' global Privacy and Information Management practice and a nationally-recognized data protection lawyer who focuses on health information law. Ms. Wilder assists clients in managing risks associated with privacy and information security practices and data breaches, including compliance with HITECH, Health Insurance Portability and Accountability Act (HIPAA), and federal and state privacy laws. Ms. Wilder also helps clients navigate the rapidly changing policy and regulatory landscape related to ARRA stimulus funding for health information technology. Prior to joining Hogan Lovells, Ms. Wilder served as Deputy General Counsel of the U.S. Department of Health and Human Services (HHS), where she served as the lead attorney in the development of HIPAA privacy regulations.
Ms. Wilder is consistently ranked as a leading privacy and technology lawyer in both Chambers USA and the Legal 500 and was named by Nightingale's Healthcare News as a top ten Outstanding Healthcare Information Technology Lawyer for 2009. In addition to serving on the Leadership Council for the national e-Health Initiative, Ms. Wilder was appointed to the Steering Committee for the Markle Foundations' Connecting for Health Public-Private Collaborative. She counsels clients on matters related to electronic data sharing, including HITECH compliance, electronic medical and billing systems, research registries, tissue banks, clinical research, genomics, sales and marketing, and the use of new media platforms including mobile devices, electronic health records, and e-prescribing. Her clients include information technology vendors, informatics companies, health plans, health care clearinghouses, e-health organizations, health care providers, pharmaceutical and medical device companies, universities, and research institutions.
Ms. Wilder has been a featured speaker at Health Information Technology and HIPAA conferences and seminars across the country, and lectures frequently on data privacy and security, data-mining, and clinical and records research. She is also editor-in-chief for the monthly Hogan Lovells Health IT Executive Report.
REPRESENTATIVE EXPERIENCE
Served as outside privacy counsel to leading health Web site in the United States and leading provider of personal health records. Handled contracting issues related to data rights privacy and security, helped establish enterprise-wide privacy compliance program, and performed Web site privacy and security audits.
Represented a Fortune 50 health care company on privacy, data sharing, contracting, and data breach management.
Developed and coordinated an institution-wide strategy for HIPAA compliance for a large multilocation hospital system, including on-site privacy audit, gap analysis, extensive data flow mapping, drafting of board resolutions and corporate policies, and workforce training.
Served as outside privacy counsel to a Fortune 500 global pharmaceutical company. Helped establish global privacy office, developed enterprise-wide privacy and security policies and procedures, and conducted privacy assessment of online information practices.
Developed and assisted in the implementation of an institution-wide strategy for HIPAA compliance for a large top-tier academic medical center, including gap analysis, drafting board resolutions and corporate polices, negotiating business associate contracts, developing educational materials, and workforce training.
Represented a large health care technology company in enforcement proceedings by the HHS Office of HIPAA Standards.
Upon the request of the U.S. Office of Management and Budget (OMB), trained OMB health analysts on the HIPAA Transaction and Code Set Rules.
Hogan Lovells Publications
02 June 2011
"HHS releases proposed rule on accounting of disclosures." Health & Privacy Alert, Hogan Lovells
21 December 2010
"FTC privacy report and Department of Commerce green paper raises important questions on commercial use of information about people." Privacy and Information Management Alert, Hogan Lovells
19 July 2010
"HHS Requests Comments on Proposed HITECH Amendments to HIPAA Rules." Privacy Alert, Hogan Lovells
20 March 2009
"Executive Order Overturning Embryonic Stem Cell Funding Ban Creates Varied Opportunities and Challenges." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP
06 October 2008
"Privacy & Data Security Briefing: Issue 5." Privacy & Data Security Briefing, Hogan & Hartson LLP
Published Works
04 July 2011
"Supreme Court Strikes Down Vermont Prescription Data Mining Law." Privacy and Security Law Report, BNA
September 2010
"A risky business: data breach rule withdrawal by the HHS." Featured Article, Data Protection Law and Policy, Cecile Park Publishing
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