News & Analysis as of

Mobile Health Apps

Bricker Graydon LLP

AI and Healthcare: Decoding the Latest 1557 Non-Discrimination Regulations

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Section 1557 of the Affordable Care Act (ACA) prohibits providers and health plans that receive reimbursement from the federal government from discriminating against individuals in the Covered Entities’ health programs. Such...more

BCLP

Navigating the FemTech Regulatory Landscape: Best Practice & Future Developments

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The stakes are high for FemTech – as Benjamin Franklin noted: ‘it takes many good deeds to build a good reputation and only one bad one to lose it.’...more

Butler Snow LLP

The Wearable Revolution: How to Use Personal Health Device Data in Litigation

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Wearable technology compiles extensive information on our bodily systems—including activity levels, menstruation and fertility, exercise activity and attainment, food consumption, weight, sleep, noise exposure, heart rate,...more

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

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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

BakerHostetler

FTC Vastly Expands Reach of the Health Breach Notification Rule

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On April 26, the Federal Trade Commission (FTC) announced its final rule (Final Rule) making changes to the Health Breach Notification Rule (HBNR)....more

BCLP

What is FemTech and How Can It Meet the Privacy Needs of Its Users?

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In part one of our series "FemTech: how this growing industry can build trust, protect privacy and redress healthcare inequity… one app at a time", we take an introductory look at the industry, and offer some...more

Burr & Forman

FTC Accelerates Enforcement Actions to Protect Consumer Digital Health Information

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The Federal Trade Commission (FTC) has been aggressively pursuing enforcement actions that involve companies using applications that share consumer personal health information with third parties in violation of the Health...more

Manatt, Phelps & Phillips, LLP

[Webinar] FTC’s Heightened Scrutiny of Health Apps: Increased Enforcement Activity; Proposed HBNR Changes - September 26th, 10:00...

With recent events underscoring the Federal Trade Commission’s (FTC) heightened scrutiny of and enforcement efforts against health app companies collecting or using consumer health information, it's imperative for these same...more

Bodman

Legal Restrictions on Health Information – Beyond HIPAA

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Appropriately so, providers look first to the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), to ensure that they comply with regulations regarding patients’ protected health information...more

Fox Rothschild LLP

The FTC is Looking to Protect Health Information… and More

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The Federal Trade Commission has published a detailed blog post on health information, setting the stage for future enforcement … and not just regarding health information. There is some eye opening takeaways in it, making...more

Epstein Becker & Green

FTC Highlights Risks to Data in a Post-Dobbs World

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The 21st Century digital age has provided women with numerous sexual and reproductive health tools that track periods, ovulation, and pregnancy. By simply plugging certain health data inputs into these apps, women can now...more

Sheppard Mullin Richter & Hampton LLP

FTC Proposes Changes to Health Breach Notification Rule Clarifying Application to Health and Wellness Apps

In May, the Federal Trade Commission (“FTC”) proposed changes (the “Proposed Rule”) to the Health Breach Notification Rule (the “Rule”), which, among other items, emphasize that the Rule applies to mobile health applications...more

Orrick, Herrington & Sutcliffe LLP

DOJ and FTC crack down on deceptive claims for healthcare corporation

On June 23, the DOJ and FTC announced the government has obtained substantial injunctive relief, and that the department will collect $100,000 in civil penalties, from an Illinois-based healthcare corporation pursuant to a...more

Kilpatrick

The Wild West of Health Data for Sale? Not So Fast!

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Background: The pandemic era ushered in exponential growth in the use of remote capabilities for all areas of life, with one of the most critical being the rise in telemedicine. Along with that expansion came an explosion in...more

Akerman LLP - Health Law Rx

Health Apps Beware: FTC Clarifies Health Breach Notification Rule with Significant Proposed Changes

Direct-to-consumer health and wellness applications are forewarned: the Federal Trade Commission (FTC) is proposing changes to the Health Breach Notification Rule (HBNR), 16 C.F.R. part 318, that, if finalized, would cement...more

WilmerHale

FTC Proposes Changes to Clarify the Health Breach Notification Rule’s Applicability to Health Apps and Other Evolving Technologies

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On May 18, the Federal Trade Commission (FTC) proposed changes to the Health Breach Notification Rule (the HBNR or the Rule), including clarifying the rule’s applicability to health apps and other similar technologies. These...more

Jones Day

FTC Proposes Updates to the Health Breach Notification Rule for Health Apps and Consumer Health Technologies

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The Federal Trade Commission seeks to clarify how the Health Breach Notification Rule applies to health records collected by health apps and similar consumer health technologies. ...more

Epstein Becker & Green

Health Apps and Consumer Privacy Update: Federal Trade Commission Proposes Amendments to the Health Breach Notification Rule

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On May 18, 2023, the Federal Trade Commission (FTC) filed a Notice of Proposed Rulemaking and Request for Public Comment (“NPRM”) seeking to amend the Health Breach Notification Rule (“HBNR”). We previously wrote about the...more

WilmerHale

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

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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

Troutman Pepper

AGs Require Company With Ovulation Tracking App to Protect User Data

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On May 17, District of Colombia Attorney General Brian Schwalb announced the settlement of an investigation into Easy Healthcare Corporation, requiring the company to change its privacy practices involving the ovulation...more

BCLP

Washington My Health My Data Act: Compliance Hurdles and How to Prepare

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On April 27, 2023, the Washington state governor signed into law the My Health My Data Act, also known as the MHMDA. The majority of the law’s provisions will take effect on March 31, 2024, providing companies with one...more

Holland & Knight LLP

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

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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

Holland & Knight LLP

HHS Proposes HIPAA Changes to Protect Reproductive Health Information

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The U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) published a Notice of Proposed Rule Making (Proposed Rule) on April 12, 2023, proposing amendments to the Health Insurance Portability and...more

Jackson Lewis P.C.

Getting Healthcare in 2023 and Beyond…Virtually…and Securely

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Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions,...more

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