News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Mobile Apps Mobile Health Apps

BakerHostetler

Diving Deeper into the Revised Health Breach Notification Rule

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As we previously reported, the Federal Trade Commission (FTC) recently announced its final changes to the Health Breach Notification Rule (HBNR), vastly expanding the scope of the Rule’s coverage....more

Akerman LLP

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

Akerman LLP on

The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

WilmerHale

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

WilmerHale on

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

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

Holland & Knight LLP on

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

K&L Gates LLP

US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part II: HIPAA (Continued) & Additional...

K&L Gates LLP on

In Part I, we provided a high-level overview of Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its provisions. In Part II, we discuss how HIPAA is applied to mobile health (mHealth) application...more

Holland & Knight LLP

Important FTC Rules for Health Apps Outside of HIPAA

Holland & Knight LLP on

The Federal Trade Commission (FTC) adopted a policy statement on Sept. 15, 2021, emphasizing that developers of digital health apps, connected devices and other health products have obligations under the Health Breach...more

Orrick, Herrington & Sutcliffe LLP

Playtime is Over for Apps Collecting Health‐Related Data – FTC Announces Intent to Enforce Health Breach Rule

The Federal Trade Commission ("FTC") recently announced its intent to "vigorously" enforce its 2009 Health Breach Notification Rule (the "Rule") via a policy statement that sheds light on the Rule's scope. The policy...more

Wiley Rein LLP

With Health Apps on the Rise, Consumer Privacy Remains a Central Priority

Wiley Rein LLP on

During the COVID-19 pandemic, many Americans have increasingly relied on digital health apps to manage their personal health and wellness. These apps include traditional telehealth apps through which patients can complete...more

Burr & Forman

COVID-19, Mobile Health & the Importance of Maintaining Legal Compliance in an Era of Explosive Growth

Burr & Forman on

It is increasingly important for mobile app developers to ensure their products comply with all governing state and federal laws, and it is critical to understand which business changes might place your product under a...more

Kelley Drye & Warren LLP

Keep Calm and Go Online: Regulatory Considerations Around the Spike in Demand for Mental Health Apps

A recent Marketplace Tech podcast episode on the spike in demand for mental health apps caught our attention. As shocking headlines and stay-at-home orders rolled across the country, demand for mental health apps increased...more

Dickinson Wright

App Users Beware: Most Healthcare, Fitness Tracker, and Wellness Apps Are Not Covered by HIPAA and HHS’s New FAQs Makes that Clear

Dickinson Wright on

Individuals who use healthcare apps such as fitness trackers, weight loss, wellness, exercise, etc., BEWARE! A couple of recent developments have highlighted the fact that most apps are not subject to HIPAA, which means that...more

Jackson Lewis P.C.

Health Apps: Convenience Vs. Security Risks

Jackson Lewis P.C. on

The pace of innovation in healthcare today has produced an amazing increase in the number of available mobile apps for health-related information. More than 300,000 healthcare apps are available online. These apps are...more

Stinson LLP

Children's Products and the "Internet of Things": Data Privacy Beyond COPPA

Stinson LLP on

In this internet age, "smart" children’s products—those that collect, transmit or store electronic data—are on the rise. By some estimates, the smart toy market will reach $11.3 billion in sales by 2020. Manufacturers of...more

Brownstein Hyatt Farber Schreck

Health Tech Podcast - Episode 2: Best Practices for Health App Development

Ian O’Neill, a shareholder in the firm’s Intellectual Property Department focusing on technology transactions, licensing, advanced media and privacy issues, and Emily Weber, a shareholder in the firm’s Health Care Group...more

Dickinson Wright

FTC Mobile Health Guidance

Dickinson Wright on

On April 5, 2016, the Federal Trade Commission (FTC) released new guidance for mobile apps directed towards providing health-related services and information. This guidance was developed with numerous other agencies,...more

Proskauer on Privacy

Regulators Offer Guidance on Privacy and Security for Health App Developers

Proskauer on Privacy on

This month, the Federal Trade Commission (FTC) issued guidance on privacy and security best practices for health-related mobile apps, such as fitness apps connected with wearables, diet and weight loss apps, and health...more

Troutman Pepper

A New Tool for Health App Developers to Navigate a Crowded Regulatory Field

Troutman Pepper on

As regulators seek to define their authority and the scope of their enforcement power, more health apps will continue to flood the marketplace and transform how patients are treated. As mobile health applications...more

McGuireWoods LLP

FTC Releases Mobile Health Apps Interactive Tool

McGuireWoods LLP on

Consider this: A 42-year-old man arrives at the emergency room showing signs of a heart attack. The ER doctors, using the patient’s activity tracker—in this case, a Fitbit® —are able to pinpoint when the patient’s normal...more

Kelley Drye & Warren LLP

Think Before You App: FTC Releases Compliance Tools for Health App Developers

The Federal Trade Commission furthered its outreach to the mobile app developer community last week by issuing new guidance for integrating privacy and security into mobile health apps, as well as an interactive online tool...more

Mintz - Consumer Product Safety Viewpoints

“Multi-Agency Interactive Tool” Available for Developers of Health Apps

It seems as though 2016 may become the year that industry receives a plethora of helpful interactive portals from Federal Agencies. My colleague Matt Cohen recently reported on the existence of a new CPSC tool called The...more

Robinson+Cole Data Privacy + Security Insider

FTC, ONC, OCR and FDA release online tool for mobile health app developers

While attending the International Association of Privacy Professionals annual global event, and listening to Chairwoman Edith Ramirez discuss the Federal Trade Commission’s (FTC) concerns about consumer privacy, the FTC, the...more

Manatt, Phelps & Phillips, LLP

Manatt Digital Media - October 2015

In this newsletter, we highlight some of the ways digital technologies are transforming healthcare and the opportunities and challenges they present to individuals and businesses. We also introduce you to our team at Manatt...more

Morrison & Foerster LLP

Going To The Heart Of Workplace Health Programs And Apps

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The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more

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