News & Analysis as of

Healthcare Data Collection

Sheppard Mullin Richter & Hampton LLP

California Joins Colorado in the Brain Wave Action

California’s governor has signed an amendment to CCPA, the state’s well-known privacy law. While California was the first to pass a “comprehensive” privacy law, it is the second -with this new amendment- to include “neural...more

Proskauer - New Media & Technology

California Enacts Additional Generative AI Bills Touching on Training Data and Healthcare Decisions

After several weeks of handwringing about the fate of SB 1047 – the controversial AI safety bill that would have required developers of powerful AI models and entities providing the computing resources to train such models to...more

Foley & Lardner LLP

Massachusetts Health Care Act Dies at the End of Legislative Session But Previews Sweeping Changes for the Health Care Industry

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The Massachusetts legislative session officially closed on August 1, 2024 after an unusual half day extension. The 193rd legislative session left many omnibus bills unpassed, including S.B. 2881, “an Act enhancing the market...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

Butler Snow LLP

The Wearable Revolution: How to Use Personal Health Device Data in Litigation

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Wearable technology compiles extensive information on our bodily systems—including activity levels, menstruation and fertility, exercise activity and attainment, food consumption, weight, sleep, noise exposure, heart rate,...more

ArentFox Schiff

OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy

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On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more

Gardner Law

Amidst Legal Fight, HHS Revises Online Tracking Guidance

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On March 18, 2024, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued revised guidance on the use of tracking technologies by HIPAA-covered entities and business associates....more

Troutman Pepper

California Attorney General Sponsors Bill Banning Credit Reporting of Medical Debt

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On April 2, the California Senate Judicial Committee passed Senate Bill 1061. The bill seeks to prevent health care providers and contracted collection agencies from providing information about patients’ medical debt to...more

Davis Wright Tremaine LLP

Washington’s My Health My Data Act and its Nevada Twin are Now in Effect – Are You Ready?

Washington's My Health My Data Act (Act), which imposes substantial new obligations on the collection and use of broadly defined "consumer health data" (CHD), went into effect March 31, 2024. Everyone that conducts business...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

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2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...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

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

Stinson LLP

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

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As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington...more

Epstein Becker & Green

Unpacking Averages: Device Manufacturers Should Use the Newly Released Demographic Data in MDRs to Ensure Their Devices Are Not...

As you may know, we have been submitting FOIA requests asking FDA to share data from its various programs.  In October, FDA granted our April FOIA request in which we asked the agency to add back demographic data fields that...more

Bass, Berry & Sims PLC

Closing the Privacy Gap: Understanding the Nuances and Heightened Risk of Washington’s My Health My Data Act

Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...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

Health Care Compliance Association (HCCA)

Privacy Briefs: January 2024

New York has released proposed cybersecurity regulations for hospitals. The regulations, which were published in The State Register on Dec. 6 and will undergo a 60-day public comment period ending on Feb. 5, are designed to...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

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As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

ArentFox Schiff

Bring Your Own Device Policies: A Strategic Guide for Regulated Industries

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In the era of technology-driven workplaces, Bring Your Own Device (BYOD) policies have emerged as a significant trend. A BYOD policy allows employees to use their personal devices, such as smartphones, for work purposes,...more

Troutman Pepper

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

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On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

Epstein Becker & Green

BIPA Excludes Health Care Workers Engaged in Treatment, Payment, or Operations

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

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On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

Cozen O'Connor

A Big Win For BIPA's Health Care Exclusion

Cozen O'Connor on

On November 30, 2023, in a unanimous decision, the Illinois Supreme Court issued its decision in the consolidated cases Mosby v. Ingalls Memorial Hospital, et al., and Mazya v. Northwestern Memorial Health Care, No 2023 IL...more

J.S. Held

Inside the Healthcare Industry: Understanding Emerging Data Privacy & Security Risks and Regulations

J.S. Held on

According to the Theft Resource Center and its 2022 data breach reports, data privacy and security threats are impacting all aspects of the healthcare industry – from providers to payers to medical device companies to...more

McDermott Will & Emery

Remote Monitoring and Digital Therapies: CMS Updates Coverage and Payment Policies

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In recent years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to pay for non-face-to-face services that improve care coordination for Medicare...more

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