Hospitals’ Role in Combatting the Opioid Crisis

by K&L Gates LLP

K&L Gates LLP

Hospitals and health systems play a central role in helping to address the opioid crisis. Even before increased national attention, hospitals were developing policies, protocols, and procedures for opioid prescribing best practices, as well as model programs aimed at diversion detection and prevention. Comprehensive hospital guidance is critical for departments and practitioners who regularly treat patients requiring pain relief or struggling with an opioid disorder, especially in light of recent and increased legislative, regulatory and litigation activity.

The importance of these hospital initiatives is further heightened by federal and state legal developments and opioid-related litigation and enforcement actions. Indeed, recent reports that find the federal Food and Drug Administration (“FDA”), manufacturers, and prescribers mishandled distribution of fentanyl are likely to spur an uptick in legislative, regulatory, and litigation activity. [1] This client alert focuses on certain legal developments most applicable to hospitals and identifies and discusses national trends in hospital policymaking related to opioid prescribing and diversion control, as well as certain tools available and forthcoming to support these efforts.

Federal Developments
Many provisions within recent federal opioid legislation and implementing regulations are particularly relevant to hospitals and health systems, including provisions within the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (the “SUPPORT Act”), [2] implementing regulations under the earlier Comprehensive Addiction and Recovery Act [3] (“CARA”), and proposed changes to regulations under the Health Insurance and Portability and Accountability Act (“HIPAA”). [4]

SUPPORT Act Sections Most Relevant to Hospitals
On October 24, 2018, the SUPPORT Act was signed into law as comprehensive opioid legislation in response to the opioid crisis. There are a number of provisions in the SUPPORT Act that hospitals should be aware of in the context of their opioid-related policy development efforts.

Section 6092 of the SUPPORT Act requires the Secretary of Health and Human Services (“HHS”) to develop guidance on pain management and opioid use disorder prevention for hospitals receiving Medicare Part A payments. [5] This provision requires HHS to develop a toolkit by July 1, 2019, that provides best practices to Medicare-participating hospitals for reducing opioid use and to post the toolkit and related guidance on the Centers for Medicare & Medicaid Services (“CMS”) website. [6] HHS is required to develop this guidance in consultation with medical professional organizations and other providers, health care consumers, and additional stakeholder organizations identified by the Secretary of HHS. [7] Section 6094 creates a similar obligation for HHS to publish recommendations for reducing opioid use in pain management specifically in surgical settings. [8] Relatedly, Section 7091 establishes a demonstration program designed to test alternative pain management protocols that limit the use of opioids in hospital emergency departments. [9] This provision also makes available technical assistance for hospital emergency departments and other acute care settings regarding best practices for opioid-alternative pain management. [10]

Section 7081 of the SUPPORT Act provides resources for hospitals to develop protocols on discharging patients who have presented with an opioid overdose and on continuation of care for drug overdose patients. [11] Protocols develop with this support are intended to address (i) the provision of an overdose reversal medication upon discharge, (ii) connection with peer-support specialists, and (iii) referral to treatment and other services that best fit the patient’s needs. [12]

Lastly, Section 6072 of the SUPPORT Act requires the Medicare Payment Advisory Commission (“MedPAC”) to evaluate and report on areas of Medicare payment and policy that may affect how practitioners behave with respect to opioid prescribing and treatment. [13] Specifically, this provision requires MedPAC to submit a report to Congress on: (1) how Medicare pays for opioid and non-opioid pain management treatments in inpatient and outpatient hospital settings, (2) current financial incentives for opioid versus non-opioid prescribing under Medicare inpatient and outpatient prospective payment systems and recommendations to address any identified adverse incentives, and (3) how opioid use data is currently tracked through Medicare claims data and identified areas in which further data and methods are needed to improve understanding of opioid use. [14]

The forthcoming guidance, demonstration programs, and reports arising under the SUPPORT Act may be of significant aid to hospitals in their further development of opioid-related policies in the hospital setting and beneficially support the redesign of relevant care models. Notably, they also have the potential to significantly impact hospital reimbursement for pain management and treatment practices where opioids have played an integral role. [15]

CARA Implementing Regulations
Last spring, CMS issued a final rule that revised the Medicare Advantage program (Part C) and Prescription Drug Benefit program (Part D) regulations to effectuate provisions of CARA aimed at further reducing the number of Medicare beneficiaries who may potentially misuse or overdose on opioids. [16]

CMS’s implementing regulations create a framework under which Part D plan sponsors may establish a drug management program for beneficiaries at risk of prescription drug abuse or misuse. [17] Specifically, under drug management programs, Part D plans will engage in case management of potential at-risk beneficiaries through contact with their prescribers when a beneficiary is found to be taking a specific dosage of opioids and/or when a beneficiary is identified as obtaining opioids from multiple prescribers and multiple pharmacies who may not be aware of the parallel prescriptions or be coordinated. [18]

Further, Part D plan sponsors may limit at-risk beneficiaries’ access to coverage of controlled substances that CMS determines are “frequently abused drugs” to selected prescribers or network pharmacies and require case management with the prescribers as a precondition to coverage. [19] Finally, these provisions codify a current Part D Opioid Drug Utilization Review Policy and Overutilization Monitoring System by integrating this current policy with drug management program provisions. [20] To maintain reimbursement, hospitals will have to navigate the resulting case management requirements and coverage limitations.

Proposed Change to HIPAA Regulations
On January 31, 2019, HHS proposed a rule under the administrative simplification provisions of HIPAA that would adopt a modified requirement for use of a “quantity prescribed” field for retail pharmacy transactions involving Schedule II drugs. [21] The modification is intended to enable covered entities, including hospital-based pharmacies, to clearly distinguish whether a prescription is a “partial fill,” where less than the full amount prescribed is dispensed, or a complete refill. [22] HHS believes this modification is important to ensure that the information necessary to prevent impermissible refills of Schedule II drugs is available to providers. [23] When coupled with state laws limiting opioid prescribing highlighted below, this type of regulatory development reflects the many opportunities and expectations governmental authorities are placing before providers to prescribe and dispense opioids in a responsible and informed manner.

Examples of State Law Developments
Many states have enacted legislation that limits opioid prescriptions to a certain number of days’ supply, often with exceptions for treating chronic pain and cancer, for palliative care, and for medication-assisted treatment. In fact, over 30 states in recent years have adopted some form of legislation, regulation, guidance, or other limits and requirements for prescribing opioids. [24] 

For example, in 2018, Tennessee passed multifaceted opioid reform initiative titled “TN Together.” The initiative includes provisions that span prevention, treatment, and law enforcement areas. Provisions related to prevention and treatment (i) limit the duration and dosage of opioid prescriptions for new patients, (ii) limit initial morphine prescriptions to a three-day supply, (iii) limit initial fill of higher dosages of opioids and fill durations to half of the total prescribed amount, and (iv) impose additional requirements to demonstrate higher dosages are medically necessary. [25]

Similarly, the North Carolina Strengthen Opioid Misuse Prevention Act (the “STOP Act”) [26] requires that physician assistants and nurse practitioners prescribing certain controlled substances personally consult with the supervising physician in the context of pain management services and if the therapeutic use of the prescription exceeds 30 days, to check in every 90 days thereafter to verify that the prescription remains medically appropriate. The STOP Act further limits prescriptions for acute pain and requires, with some exceptions, that practitioners electronically prescribe certain controlled substances to enable better tracking and monitoring.

Utah is another example of a state that is actively increasing oversight of opioid prescribing and monitoring of opioid use. Recent legislation imposes requirements specifying how to document partially filled prescriptions of Schedule II substances, urging health insurers to develop policies to minimize the risk of opioid addition and overdose and establishing guidelines for prescribing an opiate antagonist along with a prescription for an opiate. [27] Each of these state developments illustrate the prevalence of newly introduced prescribing limits as an overlay to health care providers’ professional judgement, as well as associated prescribing documentation requirements that hospitals must be mindful of in developing and revising their policies in this space.

Lawsuits and Enforcement Action
Though we have yet to see hospitals or health systems made a central target of opioid-related litigation, multiple actions against opioid manufacturers, distributors, and individual prescribers illustrates that federal, state, tribal, and local authorities, as well as patients and families, are in search of responsible parties to hold accountable for contributing to opioid misuse. For example, In Re: National Opiate Litigation, a multidistrict class action in federal court in the Northern District of Ohio, targets the nation’s largest drug manufacturers and distributors, alleging the negligent sales of opioids as contributing to the epidemic. [28]

Hospitals are aware, through their controlled substance compliance programs, of requirements enforced by the Drug Enforcement Administration (“DEA”) and can reasonably expect additional enforcement action by this agency in response to the opioid crisis. For example, the DEA has entered into multimillion-dollar settlements with major health systems to resolve allegations of drug diversion. [29]

Current Trends in Hospital Policy and Available Tools
Both before and in response to the foregoing legal developments, hospitals and health systems across the country are taking steps to revise existing and devise new policies to assure safe prescribing and to detect and prevent diversion of controlled substances as part of their contribution to the fight against opioid addiction and overdose-related mortality. A survey of available hospital policies and policy development tools made available by hospital associations and other stakeholders demonstrate:

  • Enactment of guidelines or recommendations for prescribing opioids to patients presenting in the emergency department (“ED”), particularly those patients presenting with chronic pain, with emphasis on coordinating care through a single clinician who has primary responsibility for overall treatment and long-term medication monitoring.
  • The creation of toolkits specifically designed to address misuse of opioids by hospital employees and medical staff through controlled substance diversion prevention programs. [30] These focus on employee wellness, staff education, and diversion monitoring and reporting requirements that are often supported by software solutions that enable provider-level tracking of large orders or routine “wasting” and audits tools that give insight for timely supervisor inquiry and HR-facilitated intervention.
  • The establishment of additional pharmacy procedures requiring daily review of controlled substance activities utilizing reports from automated dispensing systems and electronic health record documentation.
  • The publication of opioid compliance toolkits specific to outpatient (non-surgical) settings, which includes opioid prescribing requirements with specific guidance based on the type of pain (acute versus chronic), ordering and administration requirements, and overdose reporting requirements. [31]
  • The publication of voluntary opioid prescription guidelines that include:

    • Creating a process for identifying patients both at risk for developing a substance use disorder and for those with a substance use disorder;
    • Prescriptions for controlled substances that are lost, destroyed, or stolen, or doses of methadone for patients in methadone treatment programs that should be prescribed only by the initial prescriber, primary care provider, or pain specialist;
    • Adoption of a multi-modal non-opioid medication model for acute pain management treatment;
    • If opioids are used in the ED, recommended use of short-acting opioids only;
    • When opioid medications are prescribed, recommendations that:

      •   Any prescriptions should be written for the shortest duration possible, usually no more than three to five days, unless the treating physician believes additional amounts are medically indicated based on the patient’s diagnosis and symptoms;
      •  A system should be in place to contact the patient’s primary opioid prescriber or primary care provider, to notify them of the visit and the medication prescribed;
  • ED providers, or their designees, should (and in some states may be required to) consult the states’ prescription monitoring program before writing opioid prescriptions. [32]

Hospitals can also be on the lookout for the toolkits and guidance forthcoming from HHS this summer as required under the SUPPORT Act (discussed above).

Hospitals must continually evaluate the need to revise or adopt new opioid prescribing and diversion control policies, both in fulfillment of their duty to promote patient well-being and to keep pace with these rapidly evolving legal requirements and litigation risks. As more robust information related to the prescribing, use, and reimbursement of Schedule II controlled substances becomes increasingly available, including through implementation of new reporting requirements and studies outlined in this alert, hospitals will have visibility into data that can enable redesigning care models and dispensing safeguards that involve opioids. In addition to potential reimbursement changes that may result from payors’ use of such data, hospitals will also face the increasing expectation, whether memorialized through law and regulation or made a basis of plaintiffs’ claims, to use such data to tightly control and calibrate the safe, responsible, and informed use of opioids in their facilities.


[1] See Jeffrey Rollman, et al., Assessment of the FDA Risk Evaluation and Mitigation Strategy for Transmucosal Immediate-Release Fentanyl Products, JAMA, 2019;321(7):676–85 (February 19, 2019) (asserting substantial rates of inappropriate use of Transmucosal Immediate-Release Fentanyl); Lenny Bernstein, FDA, drug companies, doctors mishandled use of powerful fentanyl painkiller, WASH. POST, Feb. 19, 2019 (“The Food and Drug Administration, drug companies and doctors mishandled distribution of a powerful fentanyl painkiller.”).
[2] Support for Patients and Communities Act, Pub. L. No. 115-271.
[3] Comprehensive Addiction and Recovery Act, Pub. L. No. 114-198.
[4] Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
[5] See SUPPORT Act § 6092.
[6] Id.
[7] Id.
[8] See id. § 6094 (Section 6094 requires HHS to convene a technical expert panel on reducing surgical setting opioid use and collecting data on perioperative opioid use. This panel will provide recommendations on best practices for pain management in surgical settings, to be followed by a report with recommendations for broad implementation of pain management protocols that limit the use of opioids in the perioperative setting. The report will also analyze perioperative opioid prescribing data for high-volume surgeries.).
[9] See id. § 7091.
[10] Id.
[11] See id. § 7081.
[12] Id.
[13] See id. § 6072.
[14] Id.
[15] See id. § 6104 (Section 6104 revises the measures used under the Hospital Consumer Assessment of Healthcare Providers and Systems (“HCAHPS”) survey relating to pain management. This provision requires that starting in 2020, the HCAHPS survey may not include questions about communication by hospital staff with an individual about pain unless such questions take into account whether a patient experiencing pain was informed about the risks of opioids and about non-opioid alternatives for pain management.).
[16] 83 Fed. Reg. 16440 (April 16, 2018).
[17] 83 Fed. Reg. 16440, 16442–43 (April 16, 2018).
[18] Id.
[19] Id.
[20] Id.
[21] 84 Fed. Reg. 633 (January 31, 2019).
[22] Id.
[23] Id.
[24] Survey by the National Conference of State Legislatures, Prescribing Policies: States Confront Opioid Overdose Epidemic,
[25] Tenn. H.B. 1831 & Tenn. S.B. 2257, May 21, 2018.
[26] STOP Act, Session Law 2017-74, H243.
[27] See Utah S.B. 258 (2017); Utah H.B. 146 (2017); UC § 31A-22-615.5(2)-(3).
[28] No. 1:17-md-02804 (N.D. Ohio filed Dec. 8, 2017).
[29] See Press Release, U.S. Dep’t of Just., MGH to Pay $2.3 Million to Resolve Drug Diversion Allegations (Sept. 28, 2015); Press Release, U.S. Drug Enf’t Admin., Record Settlement Reached in University of Michigan Hospital Drug Diversion Civil Penalty Case (Aug. 30, 2018).
[30] Phillip Brummond, Phamr.D., M.S., et al., ASHP Guidelines on Preventing Diversion of Controlled Substances, 74 Am J Health-Syst Pharm 325–48 (2017); see also Keith Berge, M.D., et al., Diversion of Drugs Within Health Care Facilities, a Multiple-Victim Crime: Patterns of Diversion, Scope, Consequences, Detection, and Prevention, 87(7) MAY CLIN PROC. 674–82 (2012); MINN. HOSP. ASS’N, Road Map to Controlled Substance Diversion Prevention 2.0 (2015).
[31] Melissa Soliz & Karen Owens, Arizona Opioid Compliance Toolkit for Outpatient Clinics, ARIZ. HOSP. & HEALTHCARE ASS’N (July 2018).
[32] TEX. HOSP. ASS’N, Texas Hospital Association Voluntary Guidelines for Hospital Emergency Department Prescribers of Opioids (Feb. 2018).


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Written by:

K&L Gates LLP

K&L Gates LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.