On July 20, 2023, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospital systems and telehealth...more
Assembly Bill 2089 expands consumer rights and protections over individually identifiable health information by revising existing definitions under the California Confidentiality of Medical Information Act (“CMIA”) to include...more
California passed Assembly Bill (AB) 2089, which amends the Confidentiality of Medical Information Act (CMIA) to include mental health application information under the definition of medical information....more
The US Department of Health and Human Services’ (HHS) declaration that COVID-19 remains a public health emergency (PHE) will continue through July 15, 2022, and is expected to be renewed again through October 13, 2022....more
The wave of new state legislation limiting abortion access has raised concerns about the privacy and security of reproductive health data not subject to the Health Insurance Portability and Accountability Act (HIPAA). Some...more
Ready or not, Roe v. Wade leak or not, health app developers are on notice. Those that collect sensitive personal information, such as reproductive data, must carefully navigate both federal and state laws. These laws are...more
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more
On October 6, 2021, California Governor Gavin Newsom signed into law the Genetic Information Privacy Act (GIPA). This follows Governor Newsom’s veto of an earlier version of the bill almost exactly one year ago. ...more
This week, California Governor Gavin Newsom signed into law two amendments to the California Consumer Privacy Act (CCPA) that would impact various CCPA exemptions....more
Recently we wrote about two amendments to the California Consumer Privacy Act of 2018 (CCPA) that were awaiting signature on Governor Newsom’s desk: AB 1281 – which extends the one-year exemptions for employee information and...more
On September 28, California Governor Gavin Newsom signed AB-713 into law, which relaxes some of the California Consumer Privacy Act (CCPA) compliance challenges faced by the health care and life science industries — more...more
The California legislature recently passed AB 713 which is an amendment to the California Consumer Privacy Act of 2018 (CCPA). This bill will take effect immediately on September 30, 2020 once Governor Gavin Newsom signs the...more
In a flurry of legislative activity, the California legislature passed a number of last-minute privacy bills that now await the signature of Governor Gavin Newsom in order to go into effect. As was expected, the California...more
This second installment assesses options for moving forward to address emerging gaps and an evolving health care industry. Why? Because the substantial history behind the Health Insurance Portability and Accountability Act...more
Hospitals and health systems are facing consumer demand for innovation, the need to expand and enhance streams of revenue and the push for improved quality, all while navigating changing regulations, federal enforcement,...more
On January 6, 2020, the California State Senate’s Health Committee unanimously approved California AB 713, a bill that would amend the California Consumer Privacy Act (CCPA) to except from CCPA requirements additional...more
Health care providers are familiar with their obligations regarding protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) and...more
Part II: Does the CCPA Affect Me? For our second installment of our series on the California Consumer Privacy Act (CCPA), we discuss a key question: Does the CCPA affect me?...more
Starting in 2020, “inventory management” takes on new meaning in California. Going into effect Jan. 1, 2020, the CCPA grants five new rights to consumers respecting personal information....more
This is the sixth installment in Hogan Lovells’ series on the California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences...more
• The California Legislature passed SB 1121 to revise certain sections of the CCPA – the nation’s strictest privacy protection statute which provides Californians with a right to learn what personal information certain...more
Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more
California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the negligent release of...more
California appellate courts are clarifying potential liability under California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”) of health care providers, health plans, pharmaceutical...more