News & Analysis as of

Electronic Protected Health Information (ePHI) Federal Trade Commission (FTC)

Alston & Bird

FTC’s Updated Health Breach Notification Rule Now in Effect

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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

Health Care Compliance Association (HCCA)

[Virtual Event] Healthcare Privacy Compliance Conference - October 10th, 8:00 am - 5:00 pm CT

Address the latest updates & emerging trends in privacy - Join us this October for HCCA's virtual event dedicated to privacy compliance. This virtual event provides first-hand insights from government agencies regarding...more

Akerman LLP - Health Law Rx

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

Manatt, Phelps & Phillips, LLP

[Webinar] Understanding Recent Developments in Health Care Privacy Laws - July 24th, 10:00 am - 11:00 am PST

This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...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

Robinson+Cole Data Privacy + Security Insider

Federal Trade Commission Continues to Target Healthcare Companies for Unauthorized Data Disclosures

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more

Wyrick Robbins Yates & Ponton LLP

Sense and Sensitivity: Latest FTC Enforcement Actions Continue Focus on Sensitive Health Data

We’ve talked before about the FTC’s focus on consumer health privacy. In cases against BetterHelp and GoodRx, a blog post announcing rules it intends to enforce in the space, and a report summarizing its recent privacy and...more

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

Dorsey & Whitney LLP

Looking Down the Road: Data Privacy Priorities in 2024

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2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more

Stevens & Lee

How Do Personal Health Records Relate to HIPAA?

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It is important for health care providers and their lawyers to understand Personal Health Records (“PHRs”) and how they relate to the Health Insurance Portability and Accountability Act (“HIPAA”). A PHR grants a patient...more

WilmerHale

2024 Privacy Law Preview

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As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more

Clark Hill PLC

Right To Know - November 2023, Vol. 11

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

WilmerHale

Privacy Concerns at the Intersection of Generative AI and Healthcare

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Artificial intelligence that can create new texts, images, and other content (or“generative AI”) is revolutionizing every industry, and healthcare is no exception. Doctors are experimenting with using generative AI to improve...more

Holland & Hart LLP

Business Associate Agreements: Requirements and Suggestions

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The HIPAA Privacy and Security Rules generally require covered entities (including most healthcare providers) to execute written agreements (“business associate agreements” or “BAAs”) with their business associates before...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2023 #2

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CYBERSECURITY - CISA Launches Cybersecurity - Public Awareness Campaign To kick off the twentieth annual Cybersecurity Awareness Month, the Cybersecurity and Infrastructure Security Agency (CISA) has announced that CISA and...more

Knobbe Martens

Medtronic Sued for Allegedly Sharing Health Info with Google

Knobbe Martens on

Medtronic Minimed, Inc. and Minimed Distribution Corp. (“Medtronic”) were sued in a class action complaint in the Central District of California on August 30, 2023, by users of Medtronic’s InPen® system. The lawsuit alleges...more

Manatt, Phelps & Phillips, LLP

[Webinar] FTC’s Heightened Scrutiny of Health Apps: Increased Enforcement Activity; Proposed HBNR Changes - September 26th, 10:00...

With recent events underscoring the Federal Trade Commission’s (FTC) heightened scrutiny of and enforcement efforts against health app companies collecting or using consumer health information, it's imperative for these same...more

Health Care Compliance Association (HCCA)

[Virtual Event] Healthcare Privacy Compliance Conference - October 30th, 8:00 am - 5:00 pm CT

Does your role require you to stay up to date on healthcare privacy issues and trends? Join us this October for HCCA’s newest learning opportunity, the Healthcare Privacy Compliance Conference. This virtual event will...more

Clark Hill PLC

Right To Know - August 2023, Vol. 8

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

WilmerHale

FTC Emerges as Leader in Health Privacy Enforcement

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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

ArentFox Schiff

OIG Finalizes Rule Authorizing Civil Monetary Penalties Against Information Blocking Violators

ArentFox Schiff on

A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of...more

Nelson Mullins Riley & Scarborough LLP

FTC Proposes to Vastly Expand the Health Breach Notification Rule

The Federal Trade Commission (FTC) recently proposed changes to the Health Breach Notification Rule (Rule), enacted in 2009, to clarify that the Rule applies directly to an estimated 170,000 health and wellness mobile...more

Alston & Bird

FTC Continues Its Focus on Health Privacy

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Our Privacy, Cyber & Data Strategy, Consumer Protection/FTC, and Health Care Teams examine the Federal Trade Commission’s continued focus on consumer privacy in the digital health care space....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

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