News & Analysis as of

Protected Health Information State Privacy Laws Health Insurance Portability and Accountability Act (HIPAA)

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

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On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

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

Parker Poe Adams & Bernstein LLP

The Major Developments in 2024 in Cybersecurity and Data Privacy

Companies continue to face a patchwork of state data privacy laws, federal agencies targeted companies' collection of sensitive consumer information, and a handful of states passed artificial intelligence-related regulation...more

Mintz - Privacy & Cybersecurity Viewpoints

Minnesota’s Consumer Privacy Law Takes Aim at Profiling and Takes Effect Soon

It’s the season of lists and next on ours: Minnesota! This state joined 18 others to enact comprehensive data privacy legislation in recent years. To avoid being on the “naughty” list, make sure to review your compliance...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

Troutman Pepper Locke

Texas AG Challenges HHS Privacy Rules

Troutman Pepper Locke on

On September 4, Texas Attorney General (AG) Ken Paxton filed a lawsuit against the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), challenging two key Health Insurance Portability and...more

Buchalter

Washington State Privacy Update: My Health My Data Act is Now Effective

Buchalter on

A little more than a year ago, on July 23, 2023, the Washington My Health My Data Act (WMHMDA) was passed into law. The law originally went into effect on March 31, 2024, however the compliance deadline for small businesses...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

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

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

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

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

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