News & Analysis as of

Healthcare Consent

Fenwick & West LLP

Supreme Court's McLaughlin Decision Creates New Uncertainty for Healthcare Text Message Compliance

Fenwick & West LLP on

The Supreme Court's decision in McLaughlin Chiropractic Associates v. McKesson Corporation seismically shifts how courts will evaluate FCC interpretations of the TCPA, creating new compliance challenges for healthcare...more

Troutman Pepper Locke

Virginia’s Protection of Reproductive Health Information Law – Part Two, Compliance and Implementation

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In Part Two of this FAQ series, we continue to break down Virginia’s Senate Bill 754, Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information (Act), which amends the Virginia Consumer...more

Sheppard Mullin Richter & Hampton LLP

“Listen Up” if Your AI Policy Does Not Cover AI Recording Issues – Another Class Action Lawsuit Filed Over Third Party AI...

The use of AI recording tools has become prevalent. Companies’ policies addressing the legal issues with these tools is not yet as prevalent. If your company’s AI policy does not address these issues, it needs to be updated....more

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

Baker Botts L.L.P. on

On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Troutman Pepper Locke

Virginia's Protection of Reproductive Health Information Law – Part One, Scope, Applicability, and Penalties

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In Part One of this FAQ series, we break down Virginia's Senate Bill 754, Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information (Act), which amends the Virginia Consumer Protection Act...more

Klein Moynihan Turco LLP

Let’s Be Real: AI TCPA Lawsuits Are on the Rise

Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v....more

Robinson+Cole Health Law Diagnosis

Connecticut Governor Signs Bill Codifying the Right of Minors to Consent to Reproductive Health Care Services

On June 9, 2025, Connecticut Governor Ned Lamont signed into law Public Act No. 25-28, “An Act Concerning Access to Reproductive Health Care” (the Act). The Act codifies under Connecticut state law the ability of minors to...more

Perkins Coie

Don’t Mind If I Do: Montana Says Hands Off Neural Data

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In May 2025, Montana enacted Senate Bill 163 (SB 163), amending that state’s Genetic Information Privacy Act (MGIPA) to include protections for neurotechnology data—namely, data collected from the activity of the central or...more

Sheppard Mullin Richter & Hampton LLP

Montana Amends Law to Cover Collection and Use of Neural Data

Montana recently revised its Genetic Information Privacy Act to address neural data. The law went into effect in 2023, and applies to both entities that offer genetic testing services as well as entities that use genetic...more

Quarles & Brady LLP

Virginia’s New Sweeping Reproductive and Sexual Health Privacy Law May Affect All Companies Doing Business in the State

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Last week, on March 24, Virginia Governor Glenn Youngkin signed SB 754, which amends the Virginia Consumer Protection Act (Act) to regulate obtaining and disclosing “reproductive or sexual health information” by any...more

Lasher Holzapfel Sperry & Ebberson PLLC

Estate Planning for Young Adult Children

The job of parenting can be consuming with the drive to protect children in all circumstances, including the unthinkable. However, the topic of estate planning for children still looms large on the mind of most parents....more

Dentons

Ep. 54 – Situations to Address in Your Minor Consent Policies – Part 2

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Healthcare providers often have a detailed policy outlining when a minor may consent to care and when a parent or legal guardian’s consent is needed. Situations can arise in the treatment of minors that can make administering...more

Dentons

Ep. 53 – Situations to Address in your Minor Consent Policies – Part I

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Healthcare providers often have a detailed policy outlining when a minor may consent to care and when a parent or legal guardian’s consent is needed. Situations can arise in the treatment of minors that can make administering...more

Holland & Hart - Health Law Blog

Police-Ordered Blood Draws In Idaho

Law enforcement officers often request or demand that Idaho hospitals draw blood or conduct other tests on patients for law enforcement purposes; nevertheless, the general rule remains that patients (including persons in...more

McDermott Will & Emery

SB 1998 Would Add Consent Requirement for PE, Hedge Fund Healthcare Transactions in Illinois

On February 6, 2025, the Illinois state legislature introduced Senate Bill (SB) 1998, aiming to implement an additional layer of scrutiny to covered transactions that are financed by private equity groups or hedge funds. The...more

Mintz - Health Care Viewpoints

Will New York Be Next to Regulate Specifically Personal Health Information to Further, and Possibly Re-Write, a New Paradigm of...

The New York legislature passed its version of Washington’s My Health My Data Act (“WA MHMDA”) on January 22, 2025. Currently awaiting action by Governor Kathy Hochul, the New York Health Information Privacy Act (“NY HIPA”)...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

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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

Constangy, Brooks, Smith & Prophete, LLP

New Year, New Rules? New York’s Health Privacy Bill S-929 advances

Just in time for setting a new year’s resolution, the New York Senate passed health privacy bill S-929. This bill was first introduced during the 2024 legislative session but failed to pass. Now in the early weeks of 2025,...more

Ropes & Gray LLP

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

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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 & Emery

New York Executive Budget Proposes Patient Consent to Payment Law Updates

McDermott Will & Emery on

The recently released New York State Executive Budget for Fiscal Year 2026 contains proposed revisions to a recently enacted law impacting how healthcare providers obtain patients’ consent to payment. NY Public Health Law...more

Alston & Bird

Top Ten Takeaways from California AG’s Healthcare AI Advisory

Alston & Bird on

On January 13, 2025, California Attorney General (“AG”) Rob Bonda issued an advisory describing providers’ and businesses’ obligations related to the development, sale, and use of artificial intelligence (“AI”) and automated...more

Harris Beach Murtha PLLC

New York Delays Separating Consent to Treat and Consent to Pay for Health Care

Harris Beach Murtha PLLC on

The New York State Department of Health is holding off implementation of a legal provision separating patient consent for treatment and patient consent for payment after receiving concerns from the medical community that the...more

Faegre Drinker Biddle & Reath LLP

Inherently Individualized Issues of Fact Cause Court to Deny Dismissal and Certification in Case Targeting Health Care Calls

Depending on whether you’re a glass-half-full or glass-half-empty kind of person, plaintiff and defendant both won or both lost when a judge in the Northern District of Illinois recently denied in one fell swoop both the...more

Bass, Berry & Sims PLC

California Bill on Health Care System Consolidation Scheduled for Vote in Senate Health Committee

Bass, Berry & Sims PLC on

Effective January 1, 2025, if enacted, California Assembly Bill 3129 (Bill) would grant sweeping power to the Attorney General by authorizing the Attorney General to approve, conditionally approve, or disapprove of certain...more

Holland & Hart LLP

Blanket Consents Under Idaho's New Minor Consent Law

Holland & Hart LLP on

As discussed in our April 26, 2024, health law update, “New Limits on Minor Consents in Idaho,” effective July 1, 2024, the Parents’ Rights in Medical Decision-Making Act will generally require healthcare providers to obtain...more

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