Washington’s Governor Signs New Health Data Privacy Act

Jackson Lewis P.C.
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Health data privacy, including in the context of reproductive health, was strengthened last week when Washington Governor Jay Inslee signed the “My Health, My Data Act” on April 27, 2023. See our summary of the law here.

Set to take effect on March 31, 2024, the new law aims to address health data collected by entities not covered by the federal Health Insurance Portability and Accountability Act (HIPAA).

Washington is not alone in considering more in-depth health data protections in the wake of the recent U.S. Supreme Court decisions pertaining to reproductive health.

Nevada’s legislature recently passed Senate Bill (SB) 370. Similar to the Evergreen State, the Nevada bill would prescribe protections for consumer health data that is maintained and used by entities not covered by HIPAA.

California is also considering Assembly Bill (AB) 354 which would amend the state’s Confidentiality of Medical Information Act to include protection for consumer’s reproductive or sexual health collected by a reproductive or sexual health digital service.

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