Texas recently enacted a pair of laws aimed at AI governance in the public sector and in healthcare. Starting September 1, 2025, there will be statutory authorization for health care practitioners (HCPs) in Texas to use AI...more
Starting April 3, Ohio hospitals will have to navigate new requirements under House Bill 173. This law mandates greater transparency in healthcare pricing. It also includes rules for selling or targeted advertising related to...more
3/24/2025
/ Advertising ,
Data Privacy ,
Health Care Providers ,
Healthcare ,
New Guidance ,
OCR ,
Personal Information ,
Privacy Laws ,
Regulatory Requirements ,
State Privacy Laws ,
Transparency
The FTC recently announced that it had finalized the changes to the Health Breach Notification Rule (HBNR). This is roughly one year later from when the proposed changes were first released and three years later from the...more
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
Governor Newson recently signed two amendments to the CCPA strengthening protections for certain data types. The changes go into effect January 1, 2024....more
As more and more states are enacting privacy laws, organizations in the health care industry may be wondering what the impact these laws will have on them. At this point, there are privacy laws in 12 states, with one more...more
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
7/25/2023
/ Data Collection ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Digital Health ,
Electronic Medical Records ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
OCR ,
Popular ,
Privacy Laws ,
Section 5 ,
Telehealth ,
Tracking Systems
The FTC recently proposed amendments to the Health Breach Notification Rule (HBNR). This is on trend with its aggressive interest over the last couple of years in health data not covered by HIPAA....more
6/27/2023
/ Breach Notification Rule ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Health ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medical Records ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments
On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy...more
In this third post in our ongoing series, we examine the scope of the consent requirements under the recently enacted My Health My Data Act. (Visit here for information about the scope of the law and here for information...more
The FTC recently published two new resources for complying with the Health Breach Notification Rule. The Rule requires vendors of personal health records (PHR), PHR-related entities and service providers to these entities, to...more
3/15/2022
/ Breach Notification Rule ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Health ,
Electronic Medical Records ,
Federal Trade Commission (FTC) ,
Healthcare ,
Medical Records ,
Policy Statement ,
Privacy Laws ,
Vendors
Florida recently passed a law governing DNA samples. The Act places several restrictions on the use, retention, and sharing of DNA samples. Those that violate the Act may face criminal liability....more
California recently updated both its data security and breach notice laws to include genetic data. With the passage of AB 825, the data security law now includes in the definition of “personal information” genetic data. The...more
10/18/2021
/ Amended Legislation ,
Biometric Information ,
California ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Health ,
Healthcare ,
Personal Information ,
Privacy Laws
California’s governor recently signed SB 41 into law. The bill enacts the Genetic Information Privacy Act (GIPA). The governor rejected a similar bill last year over concerns about COVID-19 public health efforts. To address...more
10/13/2021
/ California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Data Privacy ,
Data Security ,
Digital Health ,
Digital Privacy Act ,
Governor Newsom ,
Healthcare ,
New Legislation ,
Privacy Laws ,
State Privacy Laws
The use of apps, wearables, and other devices used to track health and wellness data have continued to rise. The FTC again signaled its focus on this growing industry in a statement on the scope of the Health Breach...more
9/21/2021
/ Breach Notification Rule ,
Data Privacy ,
Digital Health ,
Digital Privacy Act ,
Enforcement ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Mobile Health Apps ,
Personally Identifiable Information ,
PHI
The California AG recently reminded companies in the healthcare industry of potential data breach notification obligations beyond HIPAA. As ransomware attacks continue to rise, particularly in healthcare, companies should...more
Recently, the National Institute of Standards and Technology (NIST) requested comments to its Resource Guide for implementing the HIPAA Security Rule. (i.e., SP 800-66). This Guide, first released in 2008, summarizes the...more
Utah’s governor recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May, is aimed at protecting genetic data collected from...more
3/30/2021
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Security ,
Data Use Policies ,
Enforcement Actions ,
Generic ,
Healthcare ,
Notice Requirements ,
Personal Information ,
Privacy Laws ,
Section 5 ,
State and Local Government ,
State Privacy Laws