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Data Protection Healthcare Data Privacy

Wilson Sonsini Goodrich & Rosati

Governor Newsom Signs (and Vetoes) Major California AI Legislation

California’s 2024 legislative session has been marked with exciting developments and a clear focus on setting the rules of the road for artificial intelligence (AI), with some measures becoming law and others stalling out...more

A&O Shearman

AEPD and EDPS publish report on data protection issues arising from the handling of neuro data

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On 27 June 2024, the Spanish supervisory authority (‘AEPD’) and the European Data Protection Supervisor (‘EDPS’), announced the joint publication of a report addressing the data protection challenges associated with neuro...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Guidepost Solutions LLC

Artificial Intelligence Governance – First, Build On What You Have

As artificial intelligence (AI) continues to advance rapidly, organizations of all types are seeking to deploy this powerful tool to increase the effectiveness and efficiency of their operations, improve service to their...more

Troutman Pepper

Checking the Pulse: An Approach to Telehealth Privacy and Cybersecurity Due Diligence

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In the rapidly evolving landscape of health care, the surge in telehealth has been nothing short of revolutionary. This digital transformation, while offering unprecedented access to health care services, also introduces a...more

Sheppard Mullin Richter & Hampton LLP

Mid-Year Recap: Think Beyond US State Laws!

Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more

Wilson Sonsini Goodrich & Rosati

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

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

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On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

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

FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement...more

Sheppard Mullin Richter & Hampton LLP

Healthcare Highlights from FTC’s 2024 PrivacyCon

Last month, the Federal Trade Commission (“FTC”) hosted its annual PrivacyCon event, featuring an array of experts discussing the latest in privacy and data security research. This post, covering healthcare privacy issues, is...more

Jones Day

New State Health Privacy Laws—Moving Beyond HIPAA and Recasting Consumer Health Data Rights?

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New, first-of-their-kind consumer health data privacy laws in Washington and Nevada are designed to provide state-level protections for personal health data not covered by the Health Insurance Portability and Accountability...more

Guidepost Solutions LLC

Change Healthcare Ransomware Attack: 10 Lessons Learned

Why does it matter to you? In February of 2024, Change Healthcare, a prominent player in the healthcare industry, fell victim to a ransomware attack that sent shockwaves through its systems and networks. The incident...more

Bass, Berry & Sims PLC

Don’t Roll the Dice on Health Data Compliance: Nevada’s Consumer Health Data Law Takes Effect on March 31, 2024

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As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on...more

Carlton Fields

Change Healthcare Cyberattack Emphasizes Importance of Cybersecurity Readiness; Considerations for Hardening Your Cybersecurity...

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As the health care industry continues reeling from the recent Change Healthcare ransomware attack that crippled large portions of the U.S. health care system, health care providers are naturally reminded of the importance of...more

Levenfeld Pearlstein, LLC

Consumer Health Data Privacy Laws Coming March 31, 2024

Washington and Nevada join the ever-growing group of states passing laws to regulate data privacy with the Washington My Health My Data Act (“MHMDA”) and the Nevada Consumer Health Data Privacy Law (the “CHDPL”), both of...more

Quarles & Brady LLP

Friendly Reminder - Finalize and Post Your Consumer Health Data Privacy Notice Before March 31

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Friendly reminder – the Washington My Health My Data Act (“WMHMDA”) compliance deadline for regulated entities to post their consumer health data privacy policy is March 31, 2024 (June 30, 2024 for small businesses). A...more

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

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On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more

Jones Day

HHS Releases Cybersecurity Performance Goals to Enhance Cybersecurity for Health Care and Public Health Sectors

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The Department of Health and Human Services ("HHS") has released voluntary cybersecurity performance goals for the health care and public health sectors, which outline an increasingly standardized regulatory approach and...more

Sheppard Mullin Richter & Hampton LLP

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more

Bass, Berry & Sims PLC

2024’s New Data Privacy Requirements

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State-level privacy laws in the United States continue to develop at a dizzying pace and it is understandably difficult to keep track of what takes effect when. Below we’ve outlined the statutes and regulations taking effect...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

Troutman Pepper

New California Law Imposes Significant Data Management Requirements for Sensitive Health Data

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On January 1, California's Assembly Bill No. 352 (AB 352) went into effect, introducing significant changes to the handling and sharing of sensitive health information — particularly information related to reproductive health...more

Jones Day

HHS Announces Upcoming Federal Strategies to Enhance Cybersecurity for Health Care and Public Health Sectors

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The Department of Health and Human Services ("HHS") has released a concept paper outlining its new cybersecurity strategies for the health care sector, identifying cybersecurity priorities, potential future regulations and...more

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

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You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more

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