Welcome to Health-e Law, Sheppard’s podcast exploring the fascinating health tech topics and trends of the day. In part one of this two-part episode, Cora Han, Chief Health Data Officer for University of California Health, joins partner and host Michael Orlando to discuss the adoption of artificial intelligence in healthcare, including the management of data privacy, vendor relationships and AI governance.
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What we discuss in this episode:
- De-identification of protected health information in practice
- HIPAA standards for de-identification and when to apply them
- The unique challenges unstructured clinical notes present for re-identification risk
- A layered approach to de-identification, including automated tools and human review
- Third-party certification of de-identification processes
- Key contract provisions for protecting PHI when working with AI vendors
- Hidden data training clauses in vendor agreements
- The evolving AI vendor marketplace and contract strategy
- UC Health’s federated governance model for AI and data governance
- Shadow AI use and the importance of safe experimentation
- The importance of legal and compliance teams engaging early in the AI adoption process
About Cora Han
Cora Han is Chief Health Data Officer for University of California Health and Executive Director of the Center for Data-driven Insights and Innovation. She also serves as Co-Chair of the Health System and Provider Advisory Board for the Coalition for Health AI (CHAI).
Drawing on her extensive experience in AI strategy, regulatory advocacy, and data privacy, Cora leads efforts to establish consistent guardrails for the use of health data with AI vendors and third-party collaborators. Her work spans the full spectrum of health data challenges, from de-identification of clinical data to navigating HIPAA compliance and AI vendor relationships, making her a leading voice on responsible AI adoption in academic health systems.
Before joining UC Health, Cora spent over ten years at the Federal Trade Commission, most recently as Senior Attorney in the Division of Privacy and Identity Protection, where she focused on data privacy and consumer protection, including a term as Counsel to the Director of the Bureau of Consumer Protection. Prior to her tenure at the FTC, she practiced at a leading international law firm, where she counseled clients on copyright and trademark matters. Cora also served as an Adjunct Professor of Consumer Protection Law at George Mason University School of Law for five years.
Cora holds a BA in Government from Harvard University and a JD from the University of Chicago Law School.
About Michael Orlando
Michael Orlando is a partner in Sheppard’s San Diego (Del Mar) office. He is team leader of the firm’s Technology Transactions team, a member of the Life Sciences, Healthcare and Artificial Intelligence teams, and co-leader of the firm’s Digital Health & Innovation team. Michael has more than 20 years of experience advising health technology companies, insurers, healthcare systems and providers, academic medical centers and research institutions, medical device manufacturers, pharmaceutical and wellness companies on intellectual property and business transactions in key strategic areas, including EHR systems procurement and integration, telehealth, mobile health applications, clinical decision support technologies, artificial intelligence, data use, wearable devices, remote patient monitoring, medical devices and equipment, research and collaborations, patent licenses, software licenses, joint ventures, mergers and acquisitions, revenue cycle management, and other outsourcing transactions.
Michael founded a software-as-a-service company before entering private practice and completed an in-house secondment at a publicly traded biotechnology company, an experience that informs his practical and business-focused approach to client engagements.
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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.