Photograph of Jodi G. Daniel

Government Experience

  • Department of Health & Human Services—Attorney Advisor, Civil Rights Division
  • Department of Health & Human Services—Senior Counsel for Health IT
  • Department of Health & Human Services—Director, Office of Policy

Education

  • Tufts University, B.A. economics, community health (1990) cum laude
  • Johns Hopkins University, M.P.H. health policy and management (1996)
  • Georgetown University Law Center, J.D. (1998) magna cum laude, Order of the Coif

Admissions

  • District of Columbia
  • New York

Jodi G. Daniel

Partner
Washington, D.C.
jdaniel@crowell.com
Phone: +1 202.624.2908
1001 Pennsylvania Avenue NW
Washington, DC 20004

Jodi Daniel is a partner in Crowell & Moring's Health Care Group and a member of the group’s Steering Committee. She is also a director at C&M International (CMI), an international policy and regulatory affairs consulting firm affiliated with Crowell & Moring. She leads the firm's Digital Health Practice and provides strategic, legal, and policy advice to all types of health care and technology clients navigating the dynamic regulatory environment related to technology in the health care sector to help them achieve their business goals. Jodi is a contributor to the Uniform Law Commission Telehealth Committee, which drafts and proposes uniform state laws related to telehealth services, including the definition of telehealth, formation of the doctor-patient relationship via telehealth, creation of a registry for out-of-state physicians, insurance coverage and payment parity, and administrative barriers to entity formation.

Prior to joining Crowell & Moring, Jodi was the founding director of the Office of Policy in the Office of the National Coordinator for Health Information Technology (ONC), U.S. Department of Health and Human Services (HHS) for a decade after serving in the Office of the General Counsel (OGC) at HHS for five years. At HHS, Jodi helped spearhead important changes in health information privacy and health information technology to improve health care for consumers nationwide. She was also one of the key drafters of the original Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules and Enforcement Rules and developed the Nationwide Privacy and Security Framework for Electronic Exchange of Health Information.

As former director at ONC, she led the agency’s prominent federal advisory committees to build consensus on health IT standards and policy and established national health IT policy in areas including privacy, security, consumer e-health, health IT safety and oversight, and connecting health care payment and health IT. Jodi established ONC’s regulatory capacity and led the development of health IT standards and certification regulations. She worked across many federal agencies to develop the Federal Health IT Strategic Plan and coordinate policy, including with the Centers for Medicare and Medicaid Services (CMS) on the “meaningful use” of electronic health records, with Food and Drug Administration (FDA) on the safety of health IT, with the Drug Enforcement Agency (DEA) on legalizing electronic prescribing of controlled substances, with the Federal Trade Commission (FTC) on competition and health IT, with the Substance Abuse Mental Health Services Administration (SAMHSA) on integrating behavioral health and physical health, and with the White House Office of National Drug Control Policy (ONDCP) regarding opioid abuse. She also developed the Health Information Security and Privacy Collaboration, working with 42 state and territorial governments to address variation in privacy laws and challenges presented by electronic health information exchange through multi-state collaboration. Jodi formed the State Alliance for e-Health in collaboration with the National Governors’ Association, to promote e-Health, including electronic prescribing and multi-state licensure for telemedicine. She also represented the U.S. government in presentations and engagements with foreign governments.

As the first senior counsel for health information technology at HHS, Jodi developed the foundational legal strategies and coordinated all legal advice regarding health IT for HHS, founded and chaired the health information technology practice group within OGC, and worked closely with CMS in the development of the e-prescribing regulations and the Stark and anti-kickback rules regarding e-prescribing and electronic health records.

Jodi began her career at a large insurance company advising employers on managed care and group health benefits. She is ranked by Chambers USA for both Healthcare and Privacy & Data Security: Healthcare.


Affiliations

Admitted to practice: District of Columbia, New York

Memberships, Boards, & Committees

  • Listed as one of the Healthcare Law Trailblazers by the National Law Journal (2019, 2021)
  • World Health Organization (WHO) Digital Health Roster of Experts (2019-Present)
  • National Academy of Medicine/PCORI Workgroup: Building Stakeholder Demand for Health Data Sharing, Linkage, and Use (October 2018-present)
  • Asthma and Allergy Foundation of America Board of Directors (2017-Present)
  • HIMSS Patient Generated Health Data Work Group (October 2015-October 2017)
  • Co-Chair, ABA Science and Technology Law Section, Healthcare Technology (2016-present)
  • Academy Health – Health Data Innovator Privacy and Security Advisory Committee (July 2016-August 2017)
  • Chesapeake Regional Information System for our Patients (CRISP) Data Use Committee (June 2016-June 2017)
  • National Medical Device Post-market Surveillance System Planning Board (2014-2015)
  • HealtheWay Board of Directors (2012-2015)
  • Medication Adherence Alliance Committee, Duke University (2012-2015)
  • HHS Health IT Policy Committee and HHS Health IT Standards Committee (2009-2015)
  • American Health Lawyers Association
  • State Alliance for e-Health (2006-2011)
  • American Health Information Community (2005-2008)
  • Medicare Governance Council, Quality Health Care Subcommittee (2004-2005)

Honors & Awards

  • Top 10 Legal Practitioners – Financial Times (2020)
  • Top 10 Most Influential Women in Health IT – Fierce Health IT (2014)
  • National Coordinator Award (2012, 2014)
  • Office for Civil Rights Director's Honor Award (2002)
  • Clearmark Award of Distinction, Center for Plain Language (2012)
  • Secretary's Commendation and Award for Distinguished Service (2001, 2003, 2005, 2010)
  • Recognized by Chambers USA (2021) in Band 4 for Healthcare – District of Columbia and Band 3 for Privacy & Data Security: Healthcare – Nationwide


Highlights, News & Knowledge

Speeches & Presentations

  • “Digital Health 2021: Telehealth and Remote Monitoring: Requirements, Reimbursement, and Risks under California and Federal Law,” Practising Law Institute (July 22, 2021). Presenters: Alice Hall-Partyka, Jodi Daniel, and Lidia Niecko-Najjum.
  • "Panel Discussion: Digital Health Update from D.C.", Direct Trust Summit 2021 (June 9, 2021).
  • "Health Information Privacy, Interoperability, and Patient Access to Data: Compliance and Opportunities Regarding Data Use and Data Protections," Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era (February 25, 2021). Presenters: Jodi G. Daniel, Brandon C. Ge, and Lidia Niecko-Najjum.
  • "Telehealth and Remote Monitoring: Requirements, Reimbursement, FDA Oversight, and Risks," Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era (February 22, 2021). Presenters: Jodi G. Daniel, Lidia Niecko-Najjum, and Nicholas J. Diamond.
  • "Transition 2021: The Future of Health Care under a Biden Administration," Crowell & Moring Webinar (January 12, 2021). Presenters: A. Xavier Baker, Troy A. Barsky, Jodi G. Daniel, James G. Flood, and W. Scott Douglas.
  • "Telehealth has become essential during the pandemic; what are the current parameters and will that continue post-COVID?" Crowell & Moring Webinar (December 11, 2020). Presenters: Jodi G. Daniel and Lidia Niecko-Najjum.
  • "Panel Discussion: Legal/Regulatory Issues Pertaining to Interoperability & Data Sharing," Health Data Unbound Virtual Conference, Actionable Intelligence Network (November 10, 2020).
  • "The Power of Big Data: The Need for Responsibility and Accountability," Counsel for Medical Specialty Societies, 2020 Virtual Annual Meeting (October 28, 2020). Panelist: Jodi G. Daniel.
  • "Election 2020: The Impact on Health Care," Crowell & Moring Webinar (October 23, 2020). Presenters: A. Xavier Baker, Troy A. Barsky, Jodi G. Daniel, Alexis J. Gilman, and James Flood.
  • Election 2020 and the Implications for Your Business (September 3, 2020). Presenters: Byron R. Brown, Robert A. Burton, Jodi G. Daniel, James G. Flood, Thomas P. Gies, Ambassador Robert Holleyman, S. Starling Marshall, and W. Scott Douglas.
  • "What is Artificial Intelligence and Why in Health Care?" American Health Law Association In-Counsel Program (July 16, 2020). Panelist: Jodi G. Daniel.
  • "Regulatory Panel," DirectTrust Summit 2020 (June 9, 2020). Speaker: Jodi G. Daniel.
  • "COVID-19 is Driving Telehealth Adoption: Understand the New Opportunities," Crowell & Moring Webinar (April 29, 2020). Presenters: Gary Baldwin, Jodi G. Daniel, Roma Sharma, and Stephanie D. Willis.
  • "Re-opening Your Business During A Pandemic – A Morass of Legal and Practical Issues To Consider," Crowell & Moring Webinar (April 21, 2020). Presenters: Trina Fairley Barlow, Jodi G. Daniel, Ellen Moran Dwyer, Cheryl A. Falvey, John Fuson, Thomas P. Gies, Kate M. Growley, and Nicole Janigian Simonian.
  • "The $2 Trillion COVID-19 Stimulus Law and Its Impact on the Health Care Industry," Crowell & Moring Webinar (April 1, 2020). Presenters: Jacinta Alves, A. Xavier Baker, Jodi G. Daniel, Jerrica Mathis, and Matthew Vicinanzo.
  • "COVID-19 Roundtable Discussion: Practical Guidance for Legal Departments, Business Leaders, and Boards," Crowell & Moring Webinar (March 10, 2020). Presenters: Bryan Brewer, Jodi G. Daniel, Peter Eyre, Laura Foggan, Thomas P. Gies, Paul M. Rosen, Nicole Janigian Simonian, Evan D. Wolff, and Michelle D. Coleman.
  • "Think Tank: Transforming The Healthcare Delivery System: The Role Of Technology In Patient Care Delivery," Healthcare Law & Compliance Institute (March 1, 2020). Presenters: Jodi G. Daniel and Stephanie Marcantonio.
  • "Balancing Data Access with Privacy and Security – HHS' Proposed Information Blocking Rules," Healthcare Innovation Webinar (October 3, 2019). Presenters: Jodi G. Daniel and Brandon C. Ge.
  • "Digital Transformation: AI in Health Care," LCRA Conference (May 15-16, 2019). Panelists: Jodi G. Daniel and Maya Uppaluru.
  • "Digital Health Roundtable," Brussels, Belgium (April 24, 2019). Moderator: Maarten Stassen. Speakers: Jodi Daniel, Frederik Van Remoortel, Jurgen Figys, Evelina Roegiers, Evi Mattioli, and Judith Bussé.
  • "Demystifying the Government Role in IoT Regulation," ABA’s 4th Annual IoT National Institute, Washington, D.C. (March 27, 2019). Panelist: Jodi G. Daniel.
  • "A Solutions Approach to Data Privacy and Ethics," 2019 Health Datapalooza, Washington, DC (March 27, 2019). Moderator: Jodi G. Daniel.
  • "Digital Health as Disrupter," ACC-NYC, New York, NY (March 14, 2019). Panelists: Brian McGovern, Jodi G. Daniel, and Alexis J. Gilman.
  • "How Washington is Responding (or Not) to Data, Technology, Patient Access, and Privacy," AcademyHealth's 2019 National Health Policy Conference, Washington, DC (February 4, 2019). Moderator: Jodi G. Daniel.
  • "Developments in Electronic Medical Records," PLI Health Care Law Institute (December 12, 2018). Presenter: Jodi G. Daniel.
  • "How Dealmaking in the Health Care Industry is Evolving," Dealmakers Breakfast Series, New York, NY (September 27, 2018). Host: Paul J. Pollock, Panelist: Jodi G. Daniel.
  • "Current Policy and Regulatory Landscape," AcademyHealth’s Health Data Policy and Strategy Orientation, Washington, DC (September 26, 2018). Moderator: Jodi G. Daniel.
  • "A Vision of a Health System Where Patients Own Health Data," National Academy of Medicine Digital Learning Collaborative, Washington, DC (June 28, 2018). Speaker: Jodi G. Daniel.
  • "Getting to Yes: Creating a Playbook for Innovation in Your Health System," AHLA Annual Meeting, Chicago, IL (June 24, 2018). Panelist: Jodi G. Daniel.
  • "Blockchain, Health, and Privacy," 2018 Health Datapalooza, Washington, D.C. (April 26, 2018). Moderator: Jodi G. Daniel.
  • "Meeting the Challenges of Digital Medicine," HIMSS18, Las Vegas, NV (March 6, 2018). Presenter: Jodi G. Daniel.
  • "Creative Solutions to Common Problems," HIMSS/SHIEC Interoperability & HIE Symposium: Facilitating Person-Centered Interoperable HIE To Manage Complex Populations, Las Vegas, NV (March 5, 2018). Presenter: Jodi G. Daniel.
  • "Beyond the First Year - Regulation in the Trump Era," Crowell & Moring Webinar (February 28, 2018). Presenters: Thomas A. Lorenzen, James G. Flood, W. Scott Douglas, Christine M. Clements, Jodi G. Daniel, Robert Meyers, Michael Boucher, Daniel Cannistra, Jennifer A. Ray, Maarten Stassen, Jenny E. Cieplak, and Matthew B. Welling.
  • "Clinical, Regulatory, and Technical Considerations and Best Practices for PGHD," Becker’s Hospital Review Webinar (February 21, 2018). Presenter: Jodi G. Daniel.
  • "Regulatory and Legal Challenges for AI in Healthcare," AI in Healthcare Summit, Boston, MA (January 18, 2018). Presenter: Jodi G. Daniel.
  • "Legal Protections for Cyber Information Sharing: Strengths and Weaknesses," MDISS Fall Congress 2017, Arlington, VA (October 31, 2017). Presenter: Jodi G. Daniel.
  • "Healthcare Regulation Meets Blockchain," Distributed: Health 2017, Nashville, TN (September 25, 2017). Presenter: Jodi G. Daniel.
  • "When 21st Century Innovations Meet a 20th Century Legal Framework: Issue Spotting for the Healthcare Lawyer," AHLA Annual Meeting 2017, San Francisco, CA (June 27, 2017). Speaker: Jodi G. Daniel.
  • "Privacy Concerns in Emerging Technologies," American Bar Association (May 25, 2017). Speaker: Jodi G. Daniel.
  • "Information Blocking—A Myth or a Menace?" The American Health Lawyers Association (May 8, 2017). Speaker: Jodi G. Daniel.
  • "BLOCKCHAIN: Healthcare Applications, Legal Challenges and Moving Beyond the Hype Cycle," Blue Plan Legal Department Cooperative 2017 National Teleconference Series (May 3, 2017). Speaker: Jodi G. Daniel.
  • "Health Care Policy and Digital Health Under the Trump Administration," University of Houston Law Center, Houston, TX (March 3, 2017). Presenter: Jodi G. Daniel.
  • "Review of the 21st Century Cures Act," WEDI Webinar (March 1, 2017). Presenter: Jodi G. Daniel.
  • "Evolving HIPAA Issues: Cloud, Mobile Apps, Access, and More," Webinar (January 31, 2017). Presenters: Elliot Golding and Jodi G. Daniel.
  • "Trumpcare: A Boon or Bust to Digital Health Innovation?" W2O Group’s 3rd Annual Digital Health VIP Luncheon, San Francisco, CA (January 9, 2017). Panelist: Jodi G. Daniel.
  • "#DigitalHealthUnplugged: How a Trump Administration Will Affect Digital Health," Digital Health Summit @ CES, Las Vegas, NV (January 7, 2017). Speaker: Jodi G. Daniel.
  • "Cross-Border Opportunities for Commerce, Public Health, and Research in Mobile Health and Connected Care," Canada-US Connected Health Workshop, Cross-Border Health Foundation, Washington, DC Moderator/Speaker: Jodi G. Daniel.
  • "Trump Transition: How's It Going to Work?" Crowell & Moring's First 100 Days Series, Webinar (December 1, 2016). Presenters: James G. Flood, W. Scott Douglas, Jodi G. Daniel, Robert A. Burton, and Carlton Greene.
  • "HIPAA Update," Silicon Valley Association of General Counsel 28th Annual All Hands Meeting, Santa Clara, CA (November 16, 2016). Presenters: Jodi G. Daniel and Kristin J. Madigan.
  • "The Impact of Privacy on Medical Devices in a Connected World," AdvaMed 2016, Minneapolis, MN (October 19, 2016). Presenter: Jodi G. Daniel.
  • "How Blockchain Will Affect HIPAA," Distributed: Health, Nashville, TN (October 3, 2016). Presenter: Jodi G. Daniel.
  • "Health IT Policy from the Inside Out - What's Driving Health Policy in an Era of Engagement, Exchange & Innovation?" Long Term Post Acute Care and HIT Summit, Reston, VA (June 28, 2016). Presenter: Jodi G. Daniel.
  • "System Interoperability" and 'The Need to Know' vs. Data Security," 2016 ASCP Forum, Baltimore, MD (April 12, 2016). Presenter: Jodi G. Daniel.
  • "Fireside Chat with Stephen Lieber, President/CEO, HIMSS," mHealth Summit 2015, National Harbor, MD (November 11, 2015). Panelist: Jodi G. Daniel.
  • "Emerging Tech-Enabled Solutions," California Society for Health Care Attorneys Fall Seminar, San Francisco, CA (November 6, 2015). Presenter: Jodi G. Daniel.
  • "National Policy Perspectives: Incorporating Accessibility and Usability into HIT and Electronic Long-Term Services and Supports (eLTSS) Systems and Initiatives," Accessibility and Usability in Heatlh Information Technology Conference, Washington, D.C. (September 17, 2015). Panelist: Jodi G. Daniel.
  • "Personalized Medicine: When Will We Get There? What's the Path Forward?" Health Datapalooza Conference, Maryland (June 1, 2015). Moderator: Jodi G. Daniel.
  • "Understanding Why & How to Engage Consumers with Health IT," Healthcare Information and Management Systems Society Event (April 15, 2015). Presenter: Jodi G. Daniel.
  • "CMS Meaningful Use Stage 3 and ONC 2015 Edition Certification Criteria Changes: The Discussion Continues," Healthcare Information and Management Systems Society Event (April 15, 2015). Presenter: Jodi G. Daniel.
  • "Safety & Quality: Care Transformation and Health IT Safety Plan and Safety Center Update," Healthcare Information and Management Systems Society Event (April 15, 2015). Presenter: Jodi G. Daniel.
  • "Creating a Viable National Medical Device Postmarket Surveillance System," The Future of Medical Device Safety and Innovation, Brookings Institute, Washington, D.C. (February 23, 2015). Panelist: Jodi G. Daniel.
  • "Stimulating Innovation in U.S. Healthcare” – The View from the Top," mHealth Summit (December 9, 2014). Panelist: Jodi G. Daniel.
  • "Government's Role in Regulating Health IT: A Look at Regulatory and Legislative Language," College of Healthcare Information Management Executives, Ann Arbor, MI (June 18, 2014). Panelist: Jodi G. Daniel.
  • "Federal Technology Policy and Standards for Aging Populations," Technology and Older Adults Forum, Center for Technology and Aging, Oakland, CA (June 17-19, 2014). Presenter: Jodi G. Daniel.
  • "Proposed Risk-Based Regulatory Framework and Strategy for Health Information Technology," FDASIA Health IT Report Public Meeting, Gaithersburg, Maryland (May 13-15, 2014). Keynote Speaker and Moderator: Jodi G. Daniel.
  • "Advancements in Healthcare Technology," Federal Trade Commission’s Examining Health Care Competition Workshop (March 20, 2014). Panelist: Jodi G. Daniel.
  • "Health IT Regulation and the FDASIA Report," Healthcare Information and Management Systems Society Event (February 25, 2014). Presenter: Jodi G. Daniel.
  • ONC Town Hall, Washington, D.C. (February 24, 2014). Panelist: Jodi G. Daniel.
  • "Ignite Talk: Governance and Policy Considerations," Igniting an Interoperable Health Care System, Health Care Innovation Day Conference, Washington, D.C. (February 6, 2014). Presenter: Jodi G. Daniel.
  • "Early Input on a Federal Framework to Promote Safety & Innovation in Health IT," Health 2.0 Conference, San Francisco, CA (October 9, 2012). Presenter: Jodi G. Daniel.
  • "Town Hall Meeting with the ONC Brain Trust," Health 2.0 Conference, San Francisco, CA (October 8, 2012). Presenter: Jodi G. Daniel.
  • "Health Law 2.0," Health 2.0 Annual Fall Conference, San Francisco, CA (September 24, 2011). Presenter: Jodi G. Daniel.
  • "Federal Inter-Agency Collaboration," State Alliance for e-Health, National Governors Association, National Harbor, MD (September 2009). Presenter: Jodi G. Daniel.
  • "International Challenges in eHealth and Health IT: Managing Toward a Common Goal," Official Event of the European Union Presidency, Paris, France (2008). Presenter: Jodi G. Daniel, co-leader of the event’s Privacy and Security track.
  • "Personal Health Records: Increasing Health Care Value Through Enhanced Patient Engagement," National Health Policy Conference, AcademyHealth, Washington, D.C. (February 2008). Presenter: Jodi G. Daniel.
  • "Connecting Americans to their Health Care: Improving Access and Protecting Privacy," Advancing America’s Future in a Networked World, Markle Foundation, Washington, D.C. (December 2006). Presenter: Jodi G. Daniel.
  • "Policy Update from the Office of the National Coordinator for Health INformation Technology," Health IT Summit (September 26, 2006). Presenter: Jodi G. Daniel.
  • Testified at Senate Hearing: "Lessons Learned? Assuring Healthy Initiatives in Health Information Technology, Senate Committee on Homeland Security and Governmental Affairs," Federal Financial Management Subcommittee (2006).
  • National Conference on the HIPAA Privacy Rule, Brooklyn, NY (March 1, 2003). Presenter: Jodi G. Daniel.

Publications


Client Alerts & Newsletters


Media Mentions


Firm News & Announcements

May.20.2021 Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S.
Mar.02.2021 The National Law Journal Names Jodi Daniel a Health Care/Life Sciences Trailblazer
Dec.11.2020 Financial Times Names Crowell & Moring "Top Five Most Innovative Law Firm in North America"
Dec.04.2020 Crowell & Moring Shortlisted for 2020 Financial Times Innovative Lawyers Awards in Four Categories
Apr.23.2020 Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
May.02.2019 National Law Journal Names Jodi Daniel a Health Care Law Trailblazer
Oct.20.2015 Policy Director in the Office of the National Coordinator for Health Information Technology Jodi G. Daniel Joins Crowell & Moring