News & Analysis as of

Federal Trade Commission (FTC) Digital Health Data Protection

Wiley Rein LLP

What to Expect from New FTC Leadership on Digital Health Care

Wiley Rein LLP on

Digital health care companies have navigated a wave of new developments at the Federal Trade Commission (FTC) over the past few years. With new leadership in the Trump Administration, the FTC may be poised to change some of...more

Sheppard Mullin Richter & Hampton LLP

New York’s Health Information Privacy Act: A Turning Point for Digital Health or a Roadblock to Innovation?

The proposed New York Health Information Privacy Act (NYHIPA), currently awaiting Governor Kathy Hochul’s signature, represents a major step in the state’s approach to protecting personal health data in the digital age. At...more

Jones Day

Vital Signs: Digital Health Law Update | Fall-Winter 2024

Jones Day on

We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. In Industry Insights, we present a timely discussion about increasing litigation and...more

Wilson Sonsini Goodrich & Rosati

FTC Final Rule Officially Broadens Health Breach Notification Rule, Targets Health and Wellness Apps

On April 26, 2024, the Federal Trade Commission (FTC) announced a Final Rule that amends the Health Breach Notification Rule (HBNR or Rule) to significantly broaden the FTC’s enforcement power in the area of digital health....more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

Seyfarth Shaw LLP on

On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Wilson Sonsini Goodrich & Rosati

FTC Announces Proposed Settlement Agreements with Two Digital Health Companies for Disclosing Consumers’ Health Information to...

The Federal Trade Commission (FTC) recently announced two proposed settlement agreements (in the form of a stipulated order) (the “consent orders”) with Monument, Inc., an alcohol addiction treatment service, and Cerebral,...more

Foley Hoag LLP - Security, Privacy and the...

FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement...more

J.S. Held

Inside the Healthcare Industry: Understanding Emerging Data Privacy & Security Risks and Regulations

J.S. Held on

According to the Theft Resource Center and its 2022 data breach reports, data privacy and security threats are impacting all aspects of the healthcare industry – from providers to payers to medical device companies to...more

Perkins Coie

The New Health Privacy Landscape—Out of the Frying Pan and Into the Fire

Perkins Coie on

Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more

Arnall Golden Gregory LLP

Comment Deadline Approaching: Health Breach Notification Rule

Summary - On May 18, 2023, the Federal Trade Commission (“FTC”) announced a Notice of Proposed Rulemaking (the “Proposed Rule”), which both clarifies the scope of the Health Breach Notification Rule (“HBN Rule”) to include...more

Nelson Mullins Riley & Scarborough LLP

FTC Proposes to Vastly Expand the Health Breach Notification Rule

The Federal Trade Commission (FTC) recently proposed changes to the Health Breach Notification Rule (Rule), enacted in 2009, to clarify that the Rule applies directly to an estimated 170,000 health and wellness mobile...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

Sheppard Mullin Richter & Hampton LLP

FTC Looks to Update Health Breach Notification Rule, Targeting Digital Health Industry

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

Sheppard Mullin Richter & Hampton LLP

FTC and Other Regulators Continue to Signal Interest in Mobile Health Apps

The FTC is closing out 2022 with additional guidance for mobile health app developers signaling its continued interest in this industry. Since 2021, we have seen several steps from the agency demonstrating a focus on...more

Sheppard Mullin Richter & Hampton LLP

FTC Continues to Signal Interest in Digital Health Industry, Publishing Updated Resources

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

Hogan Lovells

FTC emphasizes expectations around the health breach notification rule

Hogan Lovells on

The Federal Trade Commission (FTC) recently has signaled its intent to inject new life into a longstanding but rarely triggered rule governing health breach notifications for non-HIPAA-covered health records. Specifically,...more

Morgan Lewis - Health Law Scan

New Legislation Aims to Upgrade HIPAA to Account for New Healthcare Technologies

On February 9, 2022, US Senators Bill Cassidy, M.D. (R-LA) and Tammy Baldwin (D-WI) introduced bipartisan legislation designed to modernize health privacy laws, including the Health Insurance Portability and Accountability...more

Morgan Lewis

Digital Health Trends to Watch in 2022

Morgan Lewis on

In the digital health market, new trends reveal future opportunities for innovators and shape healthcare investors’ strategies. Trends for 2022 include regulatory developments regarding digital health, telehealth expansion,...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

McDermott Will & Emery

[Webinar] Protecting the Telehealth Consumer: FTC and State-Based Considerations - June 22nd, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

As the COVID-19 pandemic in the United States is easing, telemedicine is facing an important crossroads. While telehealth services have demonstrated their value as an integral part of care delivery, federal and state waivers...more

Morgan Lewis - Health Law Scan

Health Datapalooza - February 2020

Partner Reece Hirsch recently attended and spoke at the 2020 Health Datapalooza held in Washington, DC. This year, Health Datapalooza was co-located with the National Health Policy Conference, providing attendees with an...more

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