Privacy Series: HIPAA Breaches - When It Is, and When It Is Not a Breach
Compliance Perspective: What's New in Healthcare Privacy
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
The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more
If you are in the consumer health space, you have (or at least we hope you have...) figured out by now that there are health-related privacy and security laws and regulations that apply to your business. The Federal Trade...more
It has been a while since we last gathered for one of the monthly public meetings of the Federal Trade Commission (FTC or Commission). Clearly, the monthly nature of the meetings is questionable, but then again, there are...more
GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule - Settlement reveals views on application of unfairness authority to sharing of sensitive...more
On February 1, 2023, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the Northern District of California alleging that digital health platform GoodRx violated the FTC Act by repeatedly...more
On February 1, 2023, the Federal Trade Commission (“FTC”) announced that it filed a “first-of-its-kind proposed order” under its Health Breach Notification Rule promulgated pursuant to section 13407 of the American Recovery...more
On February 1, 2023, the FTC announced a proposed $1.5 million settlement with GoodRx Holdings, based on alleged violations of the Federal Trade Commission Act (“FTC Act”) and Health Breach Notification Rule (“HBNR”) for...more
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
Last week, the Federal Trade Commission (“FTC”) released two guidance documents to aid in compliance with its Health Breach Notification Rule (“the Rule”), which requires “vendors of personal health records” or “PHR related...more
On September 15, 2021, the Federal Trade Commission (“FTC”) issued a Policy Statement instructing health app and connected device companies to comply with the Health Breach Notification Rule (“the Rule”). The Rule, codified...more
SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more
In a landmark decision, the United States Court of Appeals for the Eleventh Circuit vacated a Federal Trade Commission (“FTC”) cease and desist order which directed LabMD, a relatively small and now-defunct cancer testing...more
Back in November 2015, Chief Administrative Law Judge (ALJ) D. Michael Chappell ruled that the Federal Trade Commission (FTC) failed to show that LabMD, Inc.’s (LabMD) data security practices caused harm to consumers stemming...more
Last week, three commissioners from the Federal Trade Commission (FTC) held in In the Matter of LabMD, Inc. that a company’s failure to implement reasonable security measures to protect sensitive consumer information on its...more
The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we...more
The Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) is the federal agency tasked with enforcing the Health Insurance Portability and Accountability Act (HIPAA). HIPAA, as most folks...more