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FTC Announces Final Rule Sweeping Consumer Digital Health Tech Under the Health Breach Notification Rule

On April 26, the Federal Trade Commission (FTC) approved its Final Rule revising the Health Breach Notification Rule (HBNR) (“Final Rule”) by a 3-2 vote. The HBNR requires vendors of personal health records (PHR) and related...more

OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA-Regulated Entities

On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a Bulletin revising its December 1, 2022 Guidance concerning the HIPAA obligations of covered entities and...more

FTC Proposes Enforcement Action Prohibiting GoodRx from Disclosing Users’ Health Information for Advertising

On February 1, 2023, the Federal Trade Commission (FTC) announced that it has taken enforcement action for the first time under its Health Breach Notification Rule (HBNR) against GoodRx Holdings Inc. (GoodRx), for allegedly...more

HHS Office for Civil Rights Issues Guidance Regarding HIPAA Requirements for Online Tracking Technologies

On December 1, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services provided guidance on the intersection of the Health Insurance Portability and Accountability Act (HIPAA) and the use of...more

FTC Warns Health Apps and Connected Device Companies to Comply with the Health Breach Notification Rule

On September 15, 2021, the Federal Trade Commission (“FTC”) issued a Policy Statement instructing health app and connected device companies to comply with the Health Breach Notification Rule (“the Rule”). The Rule, codified...more

HIPAA Enforcement Discretion During the COVID-19 Public Health Emergency

Over the last two months, the U.S. Department of Health and Human Services (“HHS”) published guidance regarding the enforcement of HIPAA and its privacy and security requirements in response to the COVID-19 public health...more

OCR Imposes $2.15 Million Penalty Against Hospital System for Alleged HIPAA Violations

On October 23, 2019, the Office for Civil Rights (OCR) at HHS announced the imposition of a $2,154,000 civil monetary penalty against a Florida hospital system (Hospital System) for alleged violations of the HIPAA Security...more

Anthem Settles HIPAA Allegations Following Largest Health Data Breach in History for Record $16 Million

On October 15, 2018, the HHS Office of Civil Rights (OCR) announced a record $16 million settlement with Anthem, Inc., to settle allegations that Anthem violated certain HIPAA requirements prior to and following a 2015...more

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