News & Analysis as of

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

Coblentz Patch Duffy & Bass

Updates to U.S. Health-Data Privacy and Wearable Tech

This year marks a pivotal shift from the era of rapid, unregulated health-tech innovation to one of stringent governance. The proliferation of wearable devices, health applications and remote monitoring tools has led to an...more

Baker Botts L.L.P.

California Extends Privacy Law to Cover Neural Data

Baker Botts L.L.P. on

On September 29, 2024, California took a significant step forward in data privacy protection by passing a law that extends the California Consumer Privacy Act (CCPA) to cover neural data—brain activity and related information...more

Bodman

Legal Restrictions on Health Information – Beyond HIPAA

Bodman on

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

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

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

BCLP

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

BCLP on

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

Morgan Lewis - Tech & Sourcing

FTC Policy Statement on Health Breach Notification Rule: A Conversation with Reece Hirsch

As we start 2022, as part of our Spotlight series, we connect with Reece Hirsch, the co-head of Morgan Lewis’s privacy and cybersecurity practice, to discuss the recent policy statement issued by the US Federal Trade...more

Epstein Becker & Green

FTC Warns That Health Apps May Be Subject to the Health Breach Notification Rule

Epstein Becker & Green on

The Federal Trade Commission (“FTC”) recently issued guidance clarifying protections applicable to consumers’ sensitive personal data increasingly collected by so-called “health apps.” The FTC press release indicated it has...more

K&L Gates LLP

Health Care Triage: FTC Reminds Vendors of Personal Health Records of Breach Rule Obligations

K&L Gates LLP on

In this episode, Rebecca Schaefer interviews Gina Bertolini and Desiree Moore about the recent Federal Trade Commission (FTC) policy statement regarding the FTC Health Breach Notification Rule and its applicability to vendors...more

Hogan Lovells

FTC reinforces breach notification duties for health apps and connected health and wellness devices

Hogan Lovells on

A new Policy Statement from the US Federal Trade Commission places companies that offer consumer-facing health apps and connected health and wellness devices on notice that they may be covered by a Health Breach Notification...more

Benesch

Warning from FTC Regarding Scope of Health Breach Notification Rule

Benesch on

As the collection and use of health data drastically expands, the agency issued a recent guidance to officially put health apps and connected medical devices “on notice.” On September 15, the Federal Trade Commission...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

McDermott Will & Schulte

FTC Issues Policy Statement Expanding Interpretation of Health Breach Notification Rule’s Scope

On September 15, 2021, the Federal Trade Commission (FTC) voted 3–2 along party lines (with Republican commissioners dissenting) to issue a policy statement announcing an expansive interpretation of the FTC’s Health Breach...more

Sheppard Mullin Richter & Hampton LLP

FTC Warns Digital Health Industry to Comply with its Breach Notification Rule

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

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

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

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

Mintz - Health Care Viewpoints

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

Hogan Lovells

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

Hogan Lovells on

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

Mintz - Health Care Viewpoints

Data-Harvesting Zombie Hackers, Blood-Thirsty Auditors, and Other Reasons to be Scared on Halloween

This Halloween, the scariest monsters might not be in your closet or under your bed. They may be overseas, orchestrating intrusions into your electronic medical record. Or they may be lurking in your own workforce, carrying...more

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