Page 20 - The American Lawyer Trailblazers - South 2022

Washington, D.C.

Kali Bracey

Jenner & Block

What was the genesis of the idea/path that has made you a trailblazer?
In 2016, the American Civil Rights Union (ACRU)—a conservative organization—deployed a concerted effort to
purge voters from rolls in Florida’s Broward County. They alleged that the county’s supervisor of elections failed to
maintain accurate voter rolls and violated Section 8 of the National Voter Registration Act (NVRA). The ACRU had
brought similar actions in Virginia, Pennsylvania and other states. I led the team representing the SEIU 1199 United
Healthcare Workers East Union, who intervened in support of the supervisor and county voters.
What sort of change has resulted from the concept?
Florida’s Broward County has a significant non-white population that has been historically marginalized. If successful,
the ACRU could have argued that the supervisor was not doing enough to purge voters from the rolls, potentially
forcing a significant number of marginalized voters from the rolls and jeopardizing the democratic process. Our
team proved to the court that the supervisor and voter list maintenance program was fully compliant with federal
law, blocking ACRU’s attempts to hinder the voting rights of marginalized voters. The district court found every piece
of evidence offered by ACRU unconvincing and concluded that the organization’s accusations were thoroughly un-
founded.
What bearing will this have on the future?
The ACRU appealed the decision. The U.S. Court of Appeals for the Eleventh Circuit upheld our victory on behalf of
the SEIU 1199 United Healthcare Workers East Union. The 11th Circuit affirmed the district court in full. Moreover, the
Court found no “clear error in the district court’s factual findings.” The ACRU has not brought any NVRA actions since
the 11th Circuit’s decision.

Jodi G. Daniel

Crowell & Moring

What was the genesis of the idea/path that has made you a trailblazer?
For over two decades, I have shaped and developed regulations and policy that catalyzed digital health innovation, in-
cluding incentivizing use of health information technology, advancing interoperability, and ensuring a balance of access
to data and innovation with privacy and safety protections. I was a key drafter and implementer of the original HIPAA
Privacy and Enforcement Rules, served as the first Senior Counsel for Health IT at HHS, and was a founding director at the
Office of the National Coordinator for Health IT. In providing legal counsel to help digital health innovators and imple-
menters navigate regulations, I recognized the need for a healthcare consultancy to pair strategic and policy counseling
with legal/compliance efforts, and launched Crowell Health Solutions (CHS) in early 2022.
What sort of change has resulted from the concept?
My work at HHS was a catalyst for innovation in healthcare, providing incentives and guidance for use of health IT to
transform health care. My current work supports innovation by helping health and tech companies consider and suc-
cessfully address regulatory challenges and opportunities for implementation of new technology. I continue to work
with clients to provide solutions-oriented advice to advance policy that balances innovation and consumer protection.
What bearing will this have on the future?
There will continue to be dynamic policy changes related to health data and health care innovation. We are seeing the
implementation of new interoperability rules, the explosion of virtual care, policy changes regarding privacy, mobile
health applications, and access to care and data in the wake of changing state laws regarding reproductive health ser-
vices. As head of CHS and Crowell’s Digital Health Practice, I will continue to track legal and policy changes and help
organizations understand those changes affect the digital health innovation that is designed to improve health, patient
care, and the patient experience.

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