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Protected Health Information Mobile Apps Data Privacy

Ogletree, Deakins, Nash, Smoak & Stewart,...

Location Data as Health Data? Precedent-Setting Lawsuit Brought Against Retailer Under Washington My Health My Data Act

An online retailer was recently hit with the first class action under Washington’s consumer health data privacy law alleging that it used advertising software attached to certain third-party mobile phone apps to unlawfully...more

WilmerHale

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

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The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more

Arnall Golden Gregory LLP

OCR Issues Updated Guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates”

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently released a revised version of its guidance titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business...more

Alston & Bird

More Guidance from HHS on Online Tracking Technologies but Questions Remain

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Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated...more

Davis Wright Tremaine LLP

OCR Updates Guidance on HIPAA and Online Tracking, But New Examples Lead to New Questions

Changes to guidance are unlikely to mitigate widespread concerns - On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its controversial guidance on how HIPAA applies...more

Ankura

DHHS OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers Regarding Privacy and Security Risks

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On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to...more

Venable LLP

Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking...

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The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more

Akerman LLP - Health Law Rx

OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers about Tracking Technologies

On July 20, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Federal Trade Commission (FTC)announced they were sending a joint letter to approximately 130 unidentified hospital...more

Fox Rothschild LLP

FTC and OCR Issue Joint Website Tracking Warning Letter

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If you are involved with any health information, even if you are not covered by HIPAA, you should be aware of the government’s recent position that there may be serious privacy and serious risks with use of online tracking...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

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The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...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

Brooks Pierce

HIPAA Requirements for Using Online Tracking Technologies—What Health Care Providers Need to Know

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Health care providers should evaluate their use of “tracking technologies” on their websites and mobile applications (apps) for compliance with HIPAA.  On December 1, 2022, the Office for Civil Rights (OCR) issued a bulletin...more

BakerHostetler

My Health My Data: New Proposed Washington Law Aims to Protect Consumer Health Data

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Since the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, healthcare privacy has become a more urgent issue as states such as Missouri seek to limit women from obtaining abortions in other states....more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Faegre Drinker Biddle & Reath LLP

HIPAA Regulation of Online Tracking Technologies

In a December 2022 bulletin published by the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS), HHS made clear that the use of third-party tracking technologies by covered entities and business...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

McDermott Will & Emery

HHS Issues Guidance on Requirements Under HIPAA for Online Tracking Technologies, Addressing Privacy and Security Concerns Related...

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On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the...more

Health Care Compliance Association (HCCA)

Safeguards in New National Network Include Insurance, App Mandates, Cybersecurity Council

Report on Patient Privacy 22, no. 2 (February, 2022) - The new national health information network calls for a number of privacy and security safeguards and standards that, in some instances, exceed what HIPAA covered...more

Clark Hill PLC

Relaxed HIPAA Restrictions For Providers Using Telehealth

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The COVID-19 outbreak has led OCR to announce that it will exercise enforcement discretion to not impose penalties for HIPAA violations against healthcare providers treating patients through some commonly used social media...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2019 #4

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Although Amazon and Google respond to reports of vulnerabilities in popular home smart assistants Alexa and Google Home, hackers continually work hard to exploit any vulnerabilities in order to listen to users’ every word to...more

Carlton Fields

Applying the CCPA to Health Care: The HIPAA Exemption, Exercise Apps, and Marketing Data

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Despite its breadth, California's new privacy law, the California Consumer Privacy Act (CCPA), creates an exemption designed around the federal Health Insurance Portability and Accountability Act (HIPAA). That exemption is...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

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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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2017

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The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more

Foley & Lardner LLP

Is My Telehealth App Subject to HIPAA?

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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

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