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Utah Enacts Mental Health Chatbot Law

On March 25, 2025, Utah Governor Spencer Cox signed HB 452, which establishes new rules for the use of artificial intelligence (AI) mental health chatbots accessible to any “Utah user,” defined as, “an individual located in...more

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q2 2024

The firm is pleased to distribute the Q2 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the...more

FCC Issues Notice of Proposed Rulemaking Regarding the Use of AI-Generated Technologies for Consumer Communications

The Federal Communications Commission (FCC) recently issued a unanimous Notice of Proposed Rulemaking and Notice of Inquiry targeting the use of AI-related technologies for communicating with consumers. In the proposed rule,...more

Texas District Court Vacates OCR's HIPAA Bulletin on Online Tracking Technologies, But Issues Mixed Decision

On June 20, 2024, the United States District Court for the Northern District of Texas ordered the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) to vacate its guidance that had restricted...more

FTC Final Rule Officially Broadens Health Breach Notification Rule, Targets Health and Wellness Apps

On April 26, 2024, the Federal Trade Commission (FTC) announced a Final Rule that amends the Health Breach Notification Rule (HBNR or Rule) to significantly broaden the FTC’s enforcement power in the area of digital health....more

FTC Announces Proposed Settlement Agreements with Two Digital Health Companies for Disclosing Consumers’ Health Information to...

The Federal Trade Commission (FTC) recently announced two proposed settlement agreements (in the form of a stipulated order) (the “consent orders”) with Monument, Inc., an alcohol addiction treatment service, and Cerebral,...more

OCR and FTC Issue Joint Letter to Healthcare Companies Warning About Online Tracking Technologies

On July 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospitals, telehealth providers, health...more

FTC Announces Proposed Settlement with 1Health.io Genetic Testing Firm for Privacy and Security Violations

On June 16, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with genetic testing company Vitagene, Inc., now known as 1Health.io (1Health.io), for...more

FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy Practices

On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom)....more

Washington State Governor Signs Sweeping Health Privacy Act (My Health My Data Act) into Law

On April 27, 2023, Washington State Governor Jay Inslee signed a far-reaching health privacy law entitled the “My Health My Data Act” (the Act), which extends protections to consumer health data collected by entities not...more

Colorado AG’s Office Announces Final Colorado Privacy Act Rules: Key Takeaways

On March 15, 2023, the Colorado Attorney General’s (Colorado AG) office released the final version of the Colorado Privacy Act (ColoPA) rules (the final rules), which are based on public comments on the third version of the...more

FTC Announces Settlement with BetterHelp for Disclosing Consumers’ Health Information to Third-Party Advertisers

On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its...more

FTC Announces First Enforcement Action Under the Health Breach Notification Rule Against GoodRx

On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that...more

Colorado Attorney General’s Office Releases Third Version of Draft Rules for Colorado Privacy Act: Key Takeaways

On January 27, 2023, the Colorado Attorney General’s (Colorado AG) office released the third version of its proposed draft rules (third draft) for the Colorado Privacy Act (ColoPA) based on public comments it received on...more

Colorado Attorney General’s Office Releases Modified Draft Rules for Colorado Privacy Act: Key Takeaways

On December 21, 2022, the Colorado Attorney General’s office published an updated version of proposed draft rules (“modified draft rules”) to the Colorado Privacy Act (ColoPA), which revise the initial draft rules issued in...more

Colorado Attorney General Issues Draft Rules for the Colorado Privacy Act

On October 10, 2022, the Colorado Secretary of State published draft rules for the Colorado Privacy Act (ColoPA) in the Colorado Register, thus initiating a public comment period that will run through February 1, 2023.1 The...more

Privacy Post-Dobbs: Recent Guidance from U.S. Regulators

On June 24, 2022, the United States Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization,1 opening a legal path to state laws restricting or prohibiting access to certain reproductive health...more

Privacy and Security of Health Information: A Primer for Digital Health Companies

COVID-19 has rapidly accelerated our expectations that virtual connection can deliver better and more economical care. As a result, digital health companies have an unprecedented opportunity to innovate, but with that...more

Colorado Attorney General Announces Privacy Rulemaking

The Colorado Attorney General's office is poised to begin the rulemaking process for the Colorado Privacy Act (ColoPA). On January 28, 2022, Colorado Attorney General Phil Weiser issued prepared remarks outlining key...more

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