Stacey A. Tovino

What are you are working on right now?

I just placed my latest article, “Going Rogue: Mobile Research Applications and the Right to Privacy,” in the Notre Dame Law Review. This article assesses the ability of state law to respond to the privacy and security issues raised by mobile application-mediated health research conducted by independent scientists, citizen scientists, and patient researchers. Finding that all fifty-one jurisdictions have at least one potentially applicable data breach notification law, thirty-six jurisdictions have at least one potentially applicable data security law, and fourteen jurisdictions have at least one potentially applicable data privacy law, “Going Rogue” proposes textual amendments to these laws. If adopted, these amendments will help create cross-industry privacy and security protections designed to keep pace with health-related big data. 

What is one of the most significant issues facing the field of health law and how should it be addressed?

The opioid crisis combined with new legislation in the area of mental health is increasing the demand for lawyers with mental health law expertise. Historically, mental health lawyers focused on issues in criminal law, including the insanity defense, as well as constitutional-based civil law issues, including involuntary commitment. In addition to these important areas of law, mental health lawyers now need expertise in the evolving fields of mental health parity law, mandated mental health benefit law, opioid prescription regulation, mental health care fraud and abuse, regulation of referrals to sober living homes, mental health patient privacy, drug and alcohol treatment record confidentiality, mergers and acquisitions involving mental health care institutions, and Medicare and Medicaid coverage of inpatient and outpatient substance use disorder treatments and services, including tele-mental health. I just completed a book proposal that covers all of these topics and more. My goal is to prepare students for the growing career opportunities in this area.