Brandon C. Ge

Counsel & CHS Director | He/Him/His

Overview

Brandon C. Ge is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Privacy and Cybersecurity and Health Care groups.

Brandon advises clients on a wide range of privacy and cybersecurity laws, regulations, and standards. His practice has a particular focus on advising clients – from start-up digital health companies to large health plans – on all aspects of compliance with the Health Insurance Portability and Accountability Act (HIPAA). Brandon regularly assists clients with responding to security incidents and has successfully represented clients in Office for Civil Rights investigations.

In addition, Brandon counsels clients on a variety of other privacy and cybersecurity issues, including the General Data Protection Regulation (GDPR), the Telephone Consumer Protection Act (TCPA), and 42 CFR Part 2. Brandon has extensive experience conducting technical security evaluations of both clients and their prospective vendors. He also frequently works with companies across a variety of industries to incorporate privacy and security by design based on guidance from the FTC, state attorneys general, and NIST.  

Brandon was recognized as "Ones to Watch" for Health Care Law in the 2023 edition of The Best Lawyers in America.

During law school, Brandon was a Harlan Fiske Stone Scholar and served as an articles editor of the Columbia Science and Technology Law Review. Prior to law school, Brandon worked at a biotechnology company and volunteered at the emergency department of a not-for-profit hospital in Maryland.

Career & Education

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    • University of Maryland, College Park, B.A., 2007
    • Columbia Law School, J.D., Harlan Fiske Stone Scholar, 2012
    • University of Maryland, College Park, B.A., 2007
    • Columbia Law School, J.D., Harlan Fiske Stone Scholar, 2012
    • District of Columbia
    • Maryland
    • District of Columbia
    • Maryland

Brandon's Insights

Client Alert | 8 min read | 03.13.24

HHS Finalizes Significant Modifications Aligning Part 2 Regulations with HIPAA

On February 16, 2024, the U.S. Department of Health and Human Services (“HHS”) published a final rule (“Final Rule”) in the Federal Register modifying regulations at 42 C.F.R. part 2 (“Part 2”) governing the confidentiality of substance use disorder (“SUD”) records. The changes, which largely finalize those proposed in a notice of proposed rulemaking (“NPRM”), are intended to implement section 3221 of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and more closely align Part 2 with privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”). Ultimately, the much-anticipated Final Rule relaxes some of Part 2’s very stringent requirements, which have historically limited the ability to include SUD data in electronic health information exchange and care coordination efforts. However, there may be more enforcement of Part 2 now that there can be civil enforcement that aligns with HIPAA. Compliance with the Final Rule is required by February 16, 2026....

Recognition

  • The Best Lawyers in America: “Ones to Watch": Health Care Law, 2023-2024; Privacy and Data Security, 2024

Brandon's Insights

Client Alert | 8 min read | 03.13.24

HHS Finalizes Significant Modifications Aligning Part 2 Regulations with HIPAA

On February 16, 2024, the U.S. Department of Health and Human Services (“HHS”) published a final rule (“Final Rule”) in the Federal Register modifying regulations at 42 C.F.R. part 2 (“Part 2”) governing the confidentiality of substance use disorder (“SUD”) records. The changes, which largely finalize those proposed in a notice of proposed rulemaking (“NPRM”), are intended to implement section 3221 of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and more closely align Part 2 with privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”). Ultimately, the much-anticipated Final Rule relaxes some of Part 2’s very stringent requirements, which have historically limited the ability to include SUD data in electronic health information exchange and care coordination efforts. However, there may be more enforcement of Part 2 now that there can be civil enforcement that aligns with HIPAA. Compliance with the Final Rule is required by February 16, 2026....

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Brandon's Insights

Client Alert | 8 min read | 03.13.24

HHS Finalizes Significant Modifications Aligning Part 2 Regulations with HIPAA

On February 16, 2024, the U.S. Department of Health and Human Services (“HHS”) published a final rule (“Final Rule”) in the Federal Register modifying regulations at 42 C.F.R. part 2 (“Part 2”) governing the confidentiality of substance use disorder (“SUD”) records. The changes, which largely finalize those proposed in a notice of proposed rulemaking (“NPRM”), are intended to implement section 3221 of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and more closely align Part 2 with privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”). Ultimately, the much-anticipated Final Rule relaxes some of Part 2’s very stringent requirements, which have historically limited the ability to include SUD data in electronic health information exchange and care coordination efforts. However, there may be more enforcement of Part 2 now that there can be civil enforcement that aligns with HIPAA. Compliance with the Final Rule is required by February 16, 2026....