Carolyn V. Metnick

Carolyn Metnick is a partner in the Corporate Practice Group in the firm's Chicago office and a member of the Healthcare and Privacy & Cybersecurity Teams.

Areas of Practice 

Carolyn represents a range of healthcare industry clients, including hospitals and health systems, physician organizations and digital health companies. She advises on healthcare regulatory and transactional matters with a focus on health information privacy and security. Carolyn is the founder and leader of Sheppard Mullin Healthy AI, which is an initiative focused on legal issues relates to the use of AI in healthcare. She counsels healthcare clients on issues relating to AI, including governance, contractual matters, and data related issues.

Carolyn advises clients on a range of privacy and security laws, including HIPAA and other federal and state privacy laws. She also counsels businesses in data breach investigations and compliance with federal and state breach notification laws. Carolyn is a Certified Information Privacy Professional/United States (CIPP/ US) and a Certified Information Privacy Professional/Europe (CIPP/E).

Carolyn also represents healthcare industry clients in transactional matters. She guides clients through joint ventures, mergers and acquisitions, and advises on healthcare regulatory issues. Her background as a former litigator helps inform her transactional work.

Honors

• Thought Leadership Awards, Food, Drugs, Healthcare, Life Sciences, Mondaq, Autumn 2024
• Chambers USA, Leading Lawyer, Healthcare, 2019-2024
• Recommended Lawyer, Legal 500, 2024
• The Best Lawyers in America, Health Care Law, 2016-2025
• Crain's Chicago Business, Notable Women in Law, 2024
• Super Lawyers, “Rising Star” for Healthcare, 2008-2010, 2013-2018
• National Law Journal, Chicago’s 40 Under 40, 2013
• Chicago Volunteer Legal Services Distinguished Service Award, 2007 

Articles

Co-Author, "Summary of Recent HIPAA Developments," HIMSS Greater Illinois Chapter, August 2023

Co-Author, "OCR Guidance on Online Tracking Technologies," American Health Law Association, Health Information and Technology Practice Group Briefing, April 6, 2023

Co-Author, "Navigating Data Privacy Questions Post-Dobbs, Vol. 48, No. 3.," Employee Relations Law Journal, Winter 2022

Co-Author, "Navigating Data Privacy Questions Post-Dobbs," McDermott On the Subject, July 8, 2022

Co-Author, "FTC Issues Policy Statement Expanding Interpretation of Health Breach Notification Rule’s Scope," McDermott On the Subject, September 20, 2021

Co-Author, "OCR Issues Proposed Modifications to HIPAA Privacy Rule to Remove Barriers to Coordination of Care and Reduce Regulatory Burden," McDermott On the Subject, December 17, 2020

Co-Author, "Beware Fraud and Abuse Pitfalls in Precision Medicine," Law360, June 4, 2020

Co-Author, "OCR Enforcement Waivers of Certain HIPAA Requirements in Furtherance of Telehealth During COVID-19 Pandemic," McDermott On the Subject, March 23, 2020

Co-Author, "Regulating the Future of Artificial Intelligence," American Health Lawyers Association, February 2020

Healthcare Law Blog Posts

• "California Passes Law Regulating Generative AI Use in Healthcare," November 18, 2024
• "California Limits Health Plan Use of AI in Utilization Management," November 7, 2024

• "Solving for Physician Burnout: How Organizations Can Deploy AI Solutions to Effectively Support Physician Workloads and Avoid Legal Pitfalls," September 16, 2024

• "Building a Robust AI Governance Program in Healthcare," August 19, 2024
• "Do You Catch Our Drift? Navigating the Waters of Offshoring and Patient Data," August 8, 2024

• "Colorado’s Artificial Intelligence Act Impact on Healthcare Decisions," June 7, 2024
• "How Physicians are Pioneering Use of AI Applications in Ambulatory and Inpatient Care," June 6, 2024

• "Utah Providers – Are You Complying with the AI Policy Act?" June 4, 2024
• "Artificial Intelligence Highlights from FTC’s 2024 PrivacyCon," April 19, 2024

• "Healthcare Highlights from FTC’s 2024 PrivacyCon," April 5, 2024
• "Recent Healthcare-Related Artificial Intelligence Developments," February 26, 2024

• "Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance," November 7, 2023
• "California Moves to Protect Medical Information Collected Through Reproductive and Sexual Health Applications," October 3, 2023
• "State Attorneys General Pen Letter to OCR Advocating for Greater Privacy Protection of Reproductive Health Care Information," June 27, 2023

Privacy & Cybersecurity Law Blog Posts

• "Out in the Open: HHS’s New AI Transparency Rule," March 21, 2024
• "Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use," July 24, 2023

Media Mentions

Speaking Engagements

• "Innovation in the Industry," 2024 WHLC Women in Healthcare Leadership Summit, October 24, 2024
• "Grappling with the 'Promise and Peril' of AI in the Healthcare Industry?" April 3, 2024
• "Transition to Practice - Physician Employment Agreements," Mayo Clinic, Neurology Residents, November 2, 2023
• "HHS-OIG’s New Health Information Blocking Rule: Covered Actors; Costly Violations; Federal Interagency Coordination," Strafford, October 12, 2023
• Co-Presenter, "HIPAA Year in Review: Recent Enforcement Actions and Guidance," International Association of Privacy Professionals, Chicago KnowledgeNet, August 2, 2023
• "Legal Considerations for Machine Learning in Healthcare: Contractual Issues and Risk Management," myLawCLE, June 21, 2023
• Co-Presenter, "HIPAA Unwrapped: Latest Enforcement, Guidance, & Trends," Greater Illinois Chapter HIMSS, May 23, 2023
• Moderator, "Health Care Transactions, Trends in Transactions," American Health Law Association, April 17, 2023
• Co-Presenter, "Machine Learning in Healthcare: Regulatory Requirements, Reimbursement Challenges, Privacy and Security Risks," Strafford Publications, March 9, 2023
• Co-Presenter, "Introduction to Digital Health," McDermott First Year Health Advisory Boot Camp, January 11, 2022
• "Healthcare Overview: What You Need to Know about Physician Employment Agreements," Mayo Clinic, Neurology Department, October 27, 2022
• Co-Presenter, "Health Data Protection and Management," Strafford Publications, May 4, 2022
• "What You Need to Know about Physician Employment Agreements," Mayo Clinic, Radiation Oncology Program, March 8, 2022
• Co-Panelist, "Mergers & Acquisitions: The Trials, Tribulations and Lessons Learned," Greater Illinois Chapter HIMSS/NYS HIMSS, January 22, 2022
• Co-Presenter, "Introduction to Digital Health," McDermott First Year Health Advisory Boot Camp, January 11, 2022
• Co-Panelist, "How to GO to Market: Commercializing AI-Based Health Technologies," RESI AI, September 17, 2021
• Co-Presenter, "Complying with HIPAA, Privacy Laws and Exceptions During a Public Health Crisis," Strafford Publications, November 24, 2020
• Co-Presenter, "A privacy Odyssey: Conducting Privacy Assessments on AI Projects," International Association of Privacy Professionals, AI, November 5, 2020
• "What You Need to Know about Physician Employment Agreements," Mayo Clinic, Department of Neurology, Transition to Practice Program, October 19, 2020
• Co-Panelist, "Tech Bias: A Health (Equity) Risk Assessment," HLTH VRTL, October 16, 2020
• "What You Need to Know about Physician Employment Agreements," Mayo Clinic, Department of Neurology, Transition to Practice Program, October 8, 2020
• Co-Presenter, "Precision Medicine: Structuring Collaborations and Avoiding Fraud and Abuse Pitfalls," Strafford Publications, August 20, 2020
• Co-Presenter, "Physician Enterprises after COVID-19: Capturing and Assessing Opportunities," McDermott Event, August 6, 2020
• Co-Presenter, "Precision Health: Perspectives on Precision Partnering," McDermott Event, June 29, 2020
• Co-Presenter, "Understanding OCR HIPAA Enforcement Waivers for Telehealth during COVID-19," McDermott Event, March 30, 2020
• "HIPAA Year in Review – What happened last year and what can we expect in 2020?," HIMSS-Greater Illinois Chapter, February 18, 2020
• "Artificial Intelligence in Healthcare," The University of Alabama, CLE Alabama, November 15, 2019
• Co-Panelist, "Prepare to Protect: Responding to Crisis," Illinois Association of Healthcare Attorneys Annual Symposium, November 6, 2019

Events

Memberships

• Coalition for Health AI (CHAI), Member

• American Heart Association Go Red for Women Campaign, executive leadership team member, 2018 to present 
• American Health Lawyers Association, Transactions Program Planning Committee, 2018 to present; Business Law & Governance Practice Group, vice chair, 2012 to 2018; Governance Affinity Group, co-chair, 2009 to 2012 
• Illinois Association of Healthcare Attorneys, president, 2019; board member, 2014 to 2020 
• Illinois State Bar Association, Health Law Section Council, member, 2006 to present; chair, 2013 to 2014; vice chair, 2012 to 2013; associate editor of Health Care Lawyer, 2007 to 2008; member of Standing Committee on Professional Conduct, 2006 to 2008 
• International Association of Privacy Professionals, member, 2017 to present 
• Ballet Chicago, board member, secretary, 2012 to 2015 
• The Junior League of Chicago, member, 2004 to present; new member chair-elect, 2009 to 2010; corporate relations chair, 2007 to 2009 
• ILHIE Legal Task Force Patient Consent Subcommittee, 2011 to 2012 
• University of Chicago Alumni Club of Chicago, board member, 2008 to 2011
• Chicago Bar Association, YLS Health & Hospital Law Committee, co-chair, 2006 to 2009 
• Chicago Volunteer Legal Services, child representative/guardian ad litem, 2004 to 2007 
• St. Vincent de Paul Center, associate board president, 2005 to 2007; associate board member, 2004 to 2007 
• Adjunct Instructor at University of Illinois-Chicago, School of Public Health, Health Policy and Administration Division, 2013 to 2019 

Digital Media