News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) State Privacy Laws Health Care Providers

BCLP

The HIPAA Trap: Are You Actually a Covered Entity?

BCLP on

Whenever the topic of health and medical data comes up, the prevailing assumption often is that any of this information is subject to the federal Health Insurance Portability and Accountability Act (HIPAA) just by virtue of...more

ArentFox Schiff

Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

ArentFox Schiff on

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

Epstein Becker & Green on

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Ropes & Gray LLP

New York's Health Information Privacy Act Aims to Strictly Regulate Consumer Health Data

Ropes & Gray LLP on

On January 22, 2025, the New York State Assembly and Senate rapidly passed the wide-ranging New York Health Information Privacy Act (“NY HIPA”). If not vetoed by Governor Kathy Hochul, NY HIPA would be the fourth enacted...more

McDermott Will & Schulte

New York Passes Restrictive Health Information Privacy Act

On January 22, 2025, the New York Assembly passed Senate Bill S929, titled the New York Health Information Privacy Act (New York HIPA). The act is now on its way to Governor Kathy Hochul for her signature. If signed into...more

BakerHostetler

Northern District of Texas Flashes the ‘Blue Lights’ on OCR’s Pixel Guidance

BakerHostetler on

On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems...more

Gardner Law

Navigating HIPAA and State Privacy Laws for Drug and Device Manufacturers

Gardner Law on

The Health Insurance Portability and Accountability Act of 1996 as amended and implemented through regulations at 45 C.F.R. §§ 160 and 164 (“HIPAA”) regulates the privacy and security of health information. For drug and...more

Jones Day

New State Health Privacy Laws—Moving Beyond HIPAA and Recasting Consumer Health Data Rights?

Jones Day on

New, first-of-their-kind consumer health data privacy laws in Washington and Nevada are designed to provide state-level protections for personal health data not covered by the Health Insurance Portability and Accountability...more

Gardner Law

[Hybrid Event] “Steer” Clear of Legal Lassos: Readiness Strategies for FDA-Regulated Companies - May 1st, Austin, TX

Gardner Law on

Join Gardner Law for a half-day CLE event in person at the Capital Factory in Austin, TX or attend virtually. Prepare for the regulatory rodeo with confidence by learning how to navigate regulatory, compliance, and privacy...more

Goodwin

Washington’s My Health My Data Act Comes Into Force - What You Need to Know, and Do

Goodwin on

On March 31, 2024, the Washington My Health My Data Act (MHMDA), a comprehensive consumer health privacy law, will come into force. Small businesses – defined as those processing consumer health data of fewer than 100,000...more

Venable LLP

Washington's My Health My Data Act - Are You Prepared?

Venable LLP on

Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with...more

Troutman Pepper Locke

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

Troutman Pepper Locke on

On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

McDermott Will & Schulte

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

Davis Wright Tremaine LLP

How State General Privacy Laws Apply to Healthcare Providers - October 2023

In January, we wrote about how new comprehensive state consumer data privacy laws, such as the California Consumer Privacy Act ("CCPA"), apply to healthcare providers. At the time five states had enacted such laws:...more

WilmerHale

Privacy Concerns at the Intersection of Generative AI and Healthcare

WilmerHale on

Artificial intelligence that can create new texts, images, and other content (or“generative AI”) is revolutionizing every industry, and healthcare is no exception. Doctors are experimenting with using generative AI to improve...more

Holland & Knight LLP

Podcast - Artificial Intelligence in Healthcare and How to Comply with HIPAA & State Privacy Laws

Holland & Knight LLP on

In this episode of "Counsel That Cares," HIPAA and healthcare privacy attorneys Beth Pitman and Shannon Hartsfield dissect the highly publicized Dinerstein v. Google case. They address the implications and concerns of sharing...more

McDermott Will & Schulte

State Law Privacy Video Series | Healthcare Entities and Health Data

California, Virginia and Colorado have new privacy laws coming into effect in 2023. But now is the time to start preparing your business or organization for compliance. In this video series, we examine the different aspects...more

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