News & Analysis as of

Protected Health Information Data-Sharing

Benesch

Dialysis & Nephrology Digest - June 2024

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KCP supports House bill to restore original intent of Medicare Secondary Payer Act - Kidney Care Partners (KCP) commends the 36 co-sponsors of the bill before the House, who come from both sides of the aisle and represent...more

Manatt, Phelps & Phillips, LLP

CMS Restricts Marketing Companies From Sharing Medicare Beneficiary Data

Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents...more

Benesch

REMINDER: Nevada Joins Washington with a Consumer Health Data Consent Law Now In Effect

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Nevada’s new consumer health data law—like Washington’s My Health My Data Act—implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. March...more

Paul Hastings LLP

Biometrics Litigation Update: Washington Is Poised to Become a New Frontier for Private Litigants

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In just a few short weeks, a new front may emerge for biometrics litigation in the United States. On March 31, 2024, the My Health My Data Act (“MHMDA”) will go into effect in Washington for most entities that conduct...more

BCLP

What is FemTech and How Can It Meet the Privacy Needs of Its Users?

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In part one of our series "FemTech: how this growing industry can build trust, protect privacy and redress healthcare inequity… one app at a time", we take an introductory look at the industry, and offer some...more

BakerHostetler

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing...

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On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The...more

Bass, Berry & Sims PLC

Closing the Privacy Gap: Understanding the Nuances and Heightened Risk of Washington’s My Health My Data Act

Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...more

Quarles & Brady LLP

Key Considerations for Healthcare Providers Responding to Law Enforcement Requests

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Why is everyone talking about provider disclosures to law enforcement of late? The Senate Finance Committee authored a letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS), outlining...more

Dorsey & Whitney LLP

HIPAA on the Horizon in the New Year: Important Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

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2023 marked 20 years since the first compliance deadline under the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy rule. Despite the two decades of experience with HIPAA, compliance continues to remain...more

Fisher Phillips

Beyond HIPAA: What Businesses Need to Know as States Join Trend to Protect Consumer Health Data

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For decades, medical providers and other covered entities have satisfied their health-data privacy obligations by complying with the federal Health Insurance Portability and Accountability Act (HIPAA) — but this is changing...more

Wyrick Robbins Yates & Ponton LLP

The Next Post They Write Might Be About You: The FTC’s Business Blog Calls Out Health Data Practices That Can Violate Section 5

In another example of the agency’s practice of regulation by blog, the FTC published last week a Business Blog Post about protecting consumer health information. The post, which summarizes key points from several recent...more

BCLP

A Kinder, Gentler Consumer Health Data Bill: Nevada’s SB 370

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On June 16, 2023, Nevada Governor Joe Lombardo signed SB 370 into law. This new law is a consumer health data bill that is similar in many ways to Washington’s My Health My Data Act (MHMDA). SB 370, like most provisions of...more

Epstein Becker & Green

FTC Highlights Risks to Data in a Post-Dobbs World

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The 21st Century digital age has provided women with numerous sexual and reproductive health tools that track periods, ovulation, and pregnancy. By simply plugging certain health data inputs into these apps, women can now...more

WilmerHale

Connecticut Legislature Passes Privacy Bill Addressing Health Data and Child Online Safety

WilmerHale on

On June 2, the Connecticut state legislature passed an amended version of Senate Bill 3 (“SB 3”), a bill containing provisions imposing new requirements related to consumer health data and children’s online protection. The...more

WilmerHale

FTC Brings Second Enforcement Action Against Healthcare Company for Violating the Health Breach Notification Rule

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On May 17, 2023, the Federal Trade Commission (the “FTC”) reached a settlement with Easy Healthcare Corporation (“Easy Healthcare”), for its fertility-tracking app, Premom. The agency alleged that Easy Healthcare failed to...more

Dorsey & Whitney LLP

Broad New Washington Privacy Law Requires Immediate Compliance Action

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Companies may face class action lawsuits as early as July 2023 based on Washington’s new privacy law. Governor Jay Inslee recently signed House Bill 1155, the WA My Health, My Data Act (“MHMDA” or “the Act”), giving companies...more

Benesch

Q1 - 2023: Data Privacy & Cybersecurity Quarterly Briefing

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Data privacy laws have been progressing globally, but federal legislation in the U.S. has been lacking - Businesses are facing a growing number of data privacy regulations. This is especially apparent among those in highly...more

BakerHostetler

2023 DSIR Report Deeper Dive: Privacy at the FTC - What Are the Hot Topics Almost Two Years Into the Khan Administration?

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It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the FTC on...more

Manatt, Phelps & Phillips, LLP

[Webinar] The Path Forward After the Interoperability and Information Blocking Rules: Successes, Challenges and the Road Ahead -...

It has been two years since the Centers for Medicare & Medicaid Services (CMS) and Office for the National Coordinator of Health Information Technology (ONC) Final Rules on Interoperability and Information Blocking took...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

J.S. Held on

Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

BakerHostetler

An Introduction to Washington’s My Health My Data Act

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On April 17, the Washington legislature passed the My Health My Data Act (MHMD Act), which includes some of the most restrictive provisions in any U.S. state privacy law....more

Fisher Phillips

Washington to Pass Benchmark Privacy Protections for Consumer Health Data: The 10 Most Important Questions for Businesses

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Washington State lawmakers just passed the most consequential privacy legislation in the country since the California Consumer Privacy Act (CCPA) was adopted in 2018, which will soon require businesses to take significant...more

Akerman LLP - Health Law Rx

FTC Cracks Down on BetterHelp’s Sharing of Health Information for Advertising

Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC...more

BakerHostetler

With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes

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If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against...more

Dorsey & Whitney LLP

FTC Takes First Enforcement Action for Violation of the Health Breach Notification Rule - A Federal Health Privacy Rule Beyond...

Dorsey & Whitney LLP on

On February 1, 2023, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the Northern District of California alleging that digital health platform GoodRx violated the FTC Act by repeatedly...more

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