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  • 1.  HIPAA and Biospecimens

    This message was posted by a user wishing to remain anonymous
    Posted 28-Nov-2022 17:04
    This message was posted by a user wishing to remain anonymous

    I'm looking for a lawyer who specializes in HIPAA and use of biospecimens retained from pivotal clinical studies. Just sending out a general query in the forum if anyone has recommendations.  

    Thanks.


  • 2.  RE: HIPAA and Biospecimens

    Posted 29-Nov-2022 10:46
    There are three ways I saw this done:

    1.   Specific language about tissue and other subject specimen in the informed consent form in your trial(s),
    2.   After the study is complete, if there is a potential adverse event, using the HIPAA exception for FDA-related matters to obtain info, perhaps using a material transfer agreement from the academic medical center, or
    3.   Consent directly from the patient, if you are able to get it, typically by asking a principal investigator to pass along the request to the study subject(s)


    Roger

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    Roger Cepeda, JD, MBA, RAC
    MedTech Law LLC
    roger@medtech.law
    Mobile: 847-421-8361
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