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Health Insurance Portability and Accountability Act (HIPAA) Data Collection Privacy Laws

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

Proskauer on Privacy on

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

Orrick, Herrington & Sutcliffe LLP

First Lawsuit Filed Under Washington’s My Health My Data Act

On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

Epstein Becker & Green on

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Ropes & Gray LLP

New York's Health Information Privacy Act Aims to Strictly Regulate Consumer Health Data

Ropes & Gray LLP on

On January 22, 2025, the New York State Assembly and Senate rapidly passed the wide-ranging New York Health Information Privacy Act (“NY HIPA”). If not vetoed by Governor Kathy Hochul, NY HIPA would be the fourth enacted...more

Husch Blackwell LLP

New York Legislature Passes Health Information Privacy Bill

Husch Blackwell LLP on

Last week, the New York legislature passed the New York Health Information Privacy Act (S 929) (the “Act”). If signed into law, the Act will add New York to the list of states that have enacted consumer health data-specific...more

ArentFox Schiff

OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy

ArentFox Schiff on

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more

Barnea Jaffa Lande & Co.

Bipartisan Federal Privacy Act Proposed in US

On April 7, 2024, a draft of the American Privacy Rights Act was introduced. Bringing forth this bipartisan-supported bill represents a significant step toward privacy regulation in the United States. The proposed act brings...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

King & Spalding

New Jersey Enacts Privacy Law

King & Spalding on

On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more

Morgan Lewis

What Healthcare Industry Players Need to Know About the Evolving Landscape of State Consumer Privacy Laws

Morgan Lewis on

With the flurry of new consumer privacy laws enacted in states across the country, it is vital for healthcare companies that are not regulated under HIPAA to remain informed of this changing landscape in order to plan and...more

Troutman Pepper Locke

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

Troutman Pepper Locke on

On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

Gardner Law

Med-Tech Meets High-tech: Privacy, Cybersecurity and Ai in Connected Devices

Gardner Law on

...Innovation in connected medical devices is critical to advances in health care outcomes, user experience, and reducing costs. These exciting technologies also can be challenging when it comes to navigating the complex...more

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

McDermott Will & Emery on

On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Hogan Lovells

U.S. Senator requests information on ways to improve privacy protections of health data

Hogan Lovells on

Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more

Sheppard Mullin Richter & Hampton LLP

Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use

The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...more

Holland & Knight LLP

Texas to Join the Ranks of States with a Comprehensive Privacy Law

Holland & Knight LLP on

Texas Governor Greg Abbott signed into law the Texas Data Privacy and Security Act (TDPSA) on June 18, 2023. With the passage of TDPSA, Texas becomes the tenth state to adopt a consumer data privacy law. TDPSA passed the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Wash. Health Privacy Bill May Affect Cos. Across Industries

In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law. The law, which goes into effect next year, aims to regulate the vast amount of health-related data processing that takes place...more

Woods Rogers

My Health, My Data Act: Washington State’s New Health Data Privacy Law Has a Nationwide Reach

Woods Rogers on

Washington state’s My Health, My Data Act (the Act), signed into law in April 2023, is a broad health data privacy law designed to protect consumer health data that falls outside the scope of HIPAA, such as health-related...more

Sheppard Mullin Richter & Hampton LLP

Another Governor Signs: Tennessee Volunteers to Join the Privacy Patchwork

The Tennessee governor has signed Tennessee’s comprehensive privacy law, which as we have indicated will go into effect July 1, 2025. As initially proposed, the law would have been effective July 1, 2024, and would have...more

Bradley Arant Boult Cummings LLP

Tennessee Passes Comprehensive Data Privacy Law

Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection...more

Proskauer on Privacy

Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk

Proskauer on Privacy on

The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....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

Woods Rogers

Reviewing Online Tracking Technologies Could Keep HIPAA-Regulated Entities Out of Hot Water

Woods Rogers on

A patient surfs a hospital system’s website and reads an article about depression and anxiety. The patient then searches the hospital’s website for mental health providers in the area. A few hours later, the patient logs into...more

Proskauer on Privacy

FTC’s One-Two Punch on Data Tracking and Health Privacy

Proskauer on Privacy on

On March 2, 2023, the Federal Trade Commission (FTC) announced that it had reached a $7.8 million settlement with mental health and online counseling platform, BetterHelp, Inc. (“BetterHelp”). The FTC alleged that BetterHelp...more

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