News & Analysis as of

Protected Health Information Health Insurance Portability and Accountability Act (HIPAA) Consumer Privacy Rights

Orrick, Herrington & Sutcliffe LLP

What’s the U.S. Legal Landscape for Health Data?

Thora Johnson and Alexandra Wood discuss: Key federal regulation including HIPAA The patchwork at the state level, including a growing number of state consumer health privacy laws...more

Orrick, Herrington & Sutcliffe LLP

Kentucky enacts technical amendments to the Kentucky Consumer Data Protection Act

On March 15, Kentucky passed HB 473 (the “bill”), which amends the Kentucky Consumer Data Protection Act (the “Act”), whose passage was previously covered by InfoBytes and goes into effect on January 1, 2026. The bill creates...more

Alston & Bird

New York Passes Health Privacy Law – Your Questions Answered

Alston & Bird on

The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more...more

Hogan Lovells

New York’s Health Information Privacy Act: what you need to know

Hogan Lovells on

If enacted, the New York Health Information Privacy Act (“NYHIPA”) will be the latest in a series of state privacy laws that regulate health data outside of the traditional health care context. It would follow the passage of...more

Goodwin

Navigating the Digital Health Frontier: Unpacking NYHIPA’s Far-Reaching Impact on Health Data Privacy

Goodwin on

On January 22, the New York State Legislature passed Senate Bill S929, titled the New York Health Information Privacy Act (NYHIPA), which is poised to redefine how businesses handle health and wellness-related data in and...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

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

Epstein Becker & Green

Upcoming Consumer Privacy Laws: What Organizations Must Know for 2024 and 2025

Epstein Becker & Green on

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

Epstein Becker & Green

Consumer Privacy Update: What Organizations Need to Know About Impending State Privacy Laws Going into Effect in 2024 and 2025

Epstein Becker & Green on

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

Alston & Bird

FTC’s Updated Health Breach Notification Rule Now in Effect

Alston & Bird on

The revamped Health Breach Notification Rule by the Federal Trade Commission (FTC) took effect on July 29, 2024, expanding consumer privacy protections to the users of online health platforms and health and wellness apps. Our...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

Davis Wright Tremaine LLP

Nebraska Data Privacy Act Signed Into Law

On April 17, 2024, Nebraska Governor Jim Pillen signed the Nebraska Data Privacy Act (the "Act"), which takes effect on January 1, 2025. The Act maps in large part to the Texas Data Privacy and Security Act. Like Texas, the...more

Davis Wright Tremaine LLP

Land of 10,000 Data Lakes: Minnesota Consumer Data Privacy Act Signed Into Law

On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain postsecondary educational...more

WilmerHale

Maryland and Nebraska Adopt Comprehensive Privacy Laws

WilmerHale on

The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more

Benesch

REMINDER: Nevada Joins Washington with a Consumer Health Data Consent Law Now In Effect

Benesch on

Nevada’s new consumer health data law—like Washington’s My Health My Data Act—implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. March...more

Clark Hill PLC

It’s Here – The Who, What and How of Washington’s New “My Health My Data” Act and Its Private Right of Action

Clark Hill PLC on

Enforcement of Washington’s My Health My Data Act (MHMDA or the Act) starts now. Passed by the Washington state legislature last year and designed broadly to protect “consumer health data,” the Act is one part of a larger...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s Privacy Laws: Financial and Medical Data, Website Usage, Children’s Data, Data Brokers, and Customer Records

California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more

Davis Wright Tremaine LLP

New Jersey Governor Signs Comprehensive Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining California, Virginia,...more

Morgan Lewis

What Healthcare Industry Players Need to Know About the Evolving Landscape of State Consumer Privacy Laws

Morgan Lewis on

With the flurry of new consumer privacy laws enacted in states across the country, it is vital for healthcare companies that are not regulated under HIPAA to remain informed of this changing landscape in order to plan and...more

BakerHostetler

Staying Fit in the Data Game: A Business Rx for State Consumer Health Data Laws

BakerHostetler on

In the wake of the landmark Dobbs v. Jackson Women’s Health Organization decision, state consumer health data laws have emerged as a critical focal point in the rapidly evolving landscape of how consumer health data will be...more

Troutman Pepper Locke

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

Troutman Pepper Locke on

Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

Venable LLP

Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking...

Venable LLP on

The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more

WilmerHale

FTC Emerges as Leader in Health Privacy Enforcement

WilmerHale on

Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more

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