News & Analysis as of

Mobile Apps Electronic Protected Health Information (ePHI)

DLA Piper

FemTech and the use of AI

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Due to an exponential growth in the investment in female health and wellbeing, Forbes and Dealroom reported that 2023 saw 1.14 billion USD raised collectively across 120 deals in ‘FemTech’. ...more

Seyfarth Shaw LLP

Wellness Apps and Privacy

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Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more

Mintz - Health Care Viewpoints

Things to Consider When Determining the Regulatory Requirements for Software (Hint: It’s More Than the Device Classification)

The capabilities and sophistication of digital health technologies are constantly expanding, especially with the integration of artificial intelligence and machine learning. Many companies, both existing and start-up, are...more

Baker Donelson

OCR Enforcement Action Likely: Reminder of Steps to Take Now

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Are you a health care provider, business associate, or other entity subject to the requirements of the Health Insurance Portability and Accountability Act (HIPAA) regarding the use and disclosure of protected health...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023

The FTC is Coming Soon to a Phony Earnings Scheme and Celebrity Endorser Near You - The FTC is making good on its promises to protect consumers from phony get-rich-quick opportunities, wrapped in costly training programs,...more

WilmerHale

FTC Brings Second Enforcement Action Against Healthcare Company for Violating the Health Breach Notification Rule

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On May 17, 2023, the Federal Trade Commission (the “FTC”) reached a settlement with Easy Healthcare Corporation (“Easy Healthcare”), for its fertility-tracking app, Premom. The agency alleged that Easy Healthcare failed to...more

Robinson+Cole Data Privacy + Security Insider

Data Brokers May be Selling Mental Health Data with Minimal Vetting

A recent study found that some data brokers are selling highly sensitive data relating to consumers’ mental health conditions on the open market with minimal vetting of their customers and few controls on how these purchasers...more

Ankura

[Webinar] Do Cookies Collect PHI? A Deep Dive into the OCR Bulletin on Online Tracking Technologies - February 22nd, 1:00 pm -...

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The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin (Dec. 2022) outlining the obligations for HIPAA covered entities and businesses when deploying online tracking...more

Holland & Knight LLP

FTC Seeks First-Ever Health Breach Notification Rule Enforcement: Pixel Users Beware

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For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Goodwin

The Potential Impact of State Abortion Laws on Reproductive Health Apps

Goodwin on

Millions of women use reproductive health applications (or “apps”) to track menstrual cycles, ovulation, and pregnancy. These apps provide women that use the rhythm method for birth control and women seeking to become...more

Manatt, Phelps & Phillips, LLP

Health App Providers May Have Confidentiality Obligations Under State Law

The wave of new state legislation limiting abortion access has raised concerns about the privacy and security of reproductive health data not subject to the Health Insurance Portability and Accountability Act (HIPAA). Some...more

Health Care Compliance Association (HCCA)

Safeguards in New National Network Include Insurance, App Mandates, Cybersecurity Council

Report on Patient Privacy 22, no. 2 (February, 2022) - The new national health information network calls for a number of privacy and security safeguards and standards that, in some instances, exceed what HIPAA covered...more

Stinson LLP

Health App Vendors Be Warned: You Could Be Subject to FTC's Health Breach Notification Rule

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The surge in new health apps and connected devices, which only increased during the pandemic, continues to raise many legal and ethical questions. As a result, lawmakers have been scrambling to define the obligations...more

ArentFox Schiff

Privacy Update: Corporate Boards - Don’t Underestimate Your Role in Data Security Oversight

ArentFox Schiff on

The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security. Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight - The...more

Health Care Compliance Association (HCCA)

Entities Deal With More Data Outside HIPAA; ‘We Are Seeing Tensions’

Report on Medicare Compliance 30, no. 14 (April 12, 2021) - When employees are required to show their employers proof of a positive COVID-19 test before they get sick leave or a vaccination before returning to work, the...more

Lippes Mathias LLP

New ‘Information Blocking’ Compliance Obligations Take Effect April 5, 2021

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The 21st Century Cures Act (Act) and a recently adopted final rule by the Office of the National Coordinator for Health Information Technology (ONC) in the U.S. Department of Health and Human Services will now prohibit...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 7, September 2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

Clark Hill PLC

Relaxed HIPAA Restrictions For Providers Using Telehealth

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The COVID-19 outbreak has led OCR to announce that it will exercise enforcement discretion to not impose penalties for HIPAA violations against healthcare providers treating patients through some commonly used social media...more

Robins Kaplan LLP

Financial Daily Dose 3.9.2020 | Top Story: Big Tech Companies Begin To Support Regulations to Limit Mass Surveillance

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Big Tech companies using facial recognition software have begun to support “’precision regulations’ that don’t allow mass surveillance.” Lawmakers in New York, Massachusetts, Hawaii, Michigan, and California are considering...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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May 2019 #4

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The North American Securities Administrators Association (NASAA) this week approved an information security model rule package aimed at improving the cybersecurity posture of the 17,543 state-registered advisers. ...more

Holland & Knight LLP

New HIPAA Guidance for Medical App Developers

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The federal Department of Health and Human Services' Office for Civil Rights, which enforces HIPAA, maintains a website with very helpful "frequently asked questions" (FAQs) regarding the HIPAA Privacy Rule and Security Rule....more

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

MaHIMA Webinar: "Alexa, What Medication Am I Taking?" (Presentation)

"Open the pod door, HAL" • Commercial voice-activated intelligent personal assistants from Amazon, Apple, Google, and Microsoft, among others, are growing in popularity. • A report from NPR and Edison Research states...more

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