Trump Picks Kennedy Jr. to Head HHS

President elect Donald Trump said Thursday he will nominate prominent vaccine skeptic Robert F. Kennedy Jr. as secretary to head up the U.S. Department of Health and Human Services.

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Kennedy’s anti-vaccine, anti-fluoridated water, anti-processed meals views have grabbed consideration since they usually depart from a well-trod scientific consensus. His stances on well being info privateness, safety and healthcare sector cyber issues are much less identified.

Which means in the intervening time, Kennedy’s potential plans for HHS’ Workplace for Civil Rights and its HIPAA regulatory and enforcement work, or the Meals and Drug Administration’s medical gadget cybersecurity initiatives and associated well being sector cyber points are a thriller.

Additionally a putative unbiased presidential candidate in the course of the 2024 election, Kennedy endorsed Trump in August in change for a task in his future administration. Trump pledged to let Kennedy “go wild on well being” throughout an Oct. 27 rally at Madison Sq. Backyard in New York Metropolis.

“I have no idea RFK Jr’s views on info privateness and safety,” stated regulatory lawyer Adam Greene of the legislation agency Davis Wright Tremaine.

“That being stated, based mostly on views of previous Trump appointees and marketing campaign points, I count on that cybersecurity efforts equivalent to updates to the HIPAA Safety Rule will proceed, albeit with important delay as a brand new OCR director will get appointed and settled in,” he stated. The White Home is October started a overview of long-awaited updates to the 20-year-old HIPAA Safety Rule containing modifications geared toward strengthening the cybersecurity of digital protected well being info (see: White House Reviewing Updates to HIPAA Security Rule).

The path that Kennedy may take with some HIPAA points can be influenced by the Trump administration’s general view on abortion and related points, Greene predicted.

“I count on that the brand new administration will point out that it’s going to not implement, and finally will reverse, the 2024 HIPAA amendments on reproductive healthcare,” Greene stated, referring to an replace of the HIPAA Privateness Rule that was enacted in June (see: Trump’s Return: Impact on Health Sector Cyber, HIPAA Regs).

HHS’ 291-page closing HIPAA Privateness Rule to Help Reproductive Well being Care Privateness prohibits the use or disclosure of protected well being info when it’s sought to analyze or impose legal responsibility on people, healthcare suppliers, or others who search, get hold of, present or facilitate reproductive healthcare that’s lawful beneath the circumstances during which such healthcare is supplied.

The Biden administration modified the privateness rule in response to the 2022 Supreme Court docket Dobbs v. Jackson ruling that overturned a nationwide proper to acquire an abortion.

“The selection of the OCR director will seemingly set the tone for the company’s priorities on cybersecurity,” stated regulatory lawyer Sara Goldstein, companion at legislation agency BakerHostetler. A standard candidate seemingly would not be very completely different from the Biden administration “since cybersecurity in healthcare is mostly a bipartisan problem,” she stated.

One potential problem that might affect OCR’s means to meet its priorities is staffing, since a Kennedy Jr. affirmation as secretary might set off an exodus of seasoned staffers. “If OCR staffing is lowered, whether or not by price range cuts or attrition, it’s doable that extra sources can be moved in direction of OCR’s privacy-related initiatives, which might doubtlessly affect the company’s give attention to cybersecurity,” Goldstein stated.

Based mostly on Kennedy’s public statements, he envisions radically reforming the FDA, Goldstein stated. “It’s not clear whether or not he can be profitable in his endeavors, however no matter actions he takes will seemingly affect the regulation of medical units and cybersecurity points.”