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Jul 3, 2024 | 
jdsupra.com | Ryan Blaney |Claire Castles |Alexis Gilroy
The Federal Trade Commission ("FTC") intends to "strengthen and modernize" the Health Breach Notification Rule with revamped and increased scrutiny on entities holding health information, including health apps, websites, and other direct-to-consumer services. The FTC recently announced a final rule amending its Health Breach Notification Rule ("HBNR") to explicitly extend to health apps, websites, and other direct-to-consumer services holding certain health information.
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Jul 3, 2024 | 
mondaq.com | Alexis Gilroy |Lisa Ropple |Ryan Blaney |Claire Castles
The Federal Trade Commission ("FTC") intends to
"strengthen and modernize" the Health Breach Notification
Rule with revamped and increased scrutiny on entities holding
health information, including health apps, websites, and other
direct-to-consumer services.
The FTC recently announced a final rule amending its Health
Breach Notification Rule ("HBNR") to explicitly extend to
health apps, websites, and other direct-to-consumer services
holding certain health information.
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Apr 4, 2024 | 
jdsupra.com | Ryan Blaney |Claire Castles |Jennifer Everett
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 Act ("HIPAA") and set the stage for potential increased litigation and enforcement.
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Apr 4, 2024 | 
mondaq.com | Alexis Gilroy |Lisa Ropple |Ryan Blaney |Claire Castles
Effective March 31, 2024, the laws impose requirements relating
to a new category of consumer health data ("CHD"), create
consumer rights/protections, and potentially introduce increased
privacy enforcement and litigation.
Both laws apply to entities, and data processors acting on
their behalf, that conduct business or provide products/services to
consumers in the state and, alone or jointly, determine the purpose
and means of handling CHD.
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Apr 1, 2024 | 
lexology.com | Alexis Gilroy |Lisa Ropple |Ryan Blaney |Claire Castles |Jennifer Everett |Kristen McDonald
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 Act ("HIPAA") and set the stage for potential increased litigation and enforcement.
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Feb 23, 2024 | 
mondaq.com | Alexis Gilroy |Ryan Blaney |Claire Castles |Jennifer Everett
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 preview more
intensive future enforcement efforts.
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Feb 19, 2024 | 
jdsupra.com | Ryan Blaney |Claire Castles |Jennifer Everett
Following the HHS's 2023 concept paper outlining strategies to enhance cybersecurity for the health care and public health sectors, the HHS released its Healthcare and Public Health Sector-Specific Cybersecurity Performance Goals ("CPGs"). These CPGs are categorized into "essential" and "enhanced" goals to address common cyber-related vulnerabilities in the health sector.
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Jan 11, 2024 | 
mondaq.com | Alexis Gilroy |Claire Castles |Jennifer Everett |Kristen McDonald
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
expectations of industry practices, and possible future
enforcement.
In December 2023, HHS released a paper outlining new cybersecurity strategies
for the health care sector to improve cyber resiliency.
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Dec 29, 2023 | 
mondaq.com | Dynamic Drinkware |Claire Castles |Jennifer J. Chheda |Sarah A. Geers
The Situation: On December 8, 2023, the
National Institute of Standards and Technology ("NIST")
released a proposed framework for federal agencies regarding the
exercise of the government's march-in rights for federally
funded inventions. Among other considerations, the proposed
framework considers the price of a product as a relevant factor
with respect to whether an invention has achieved practical
application or whether it reasonably satisfies health or safety
needs.
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Dec 7, 2023 | 
mondaq.com | Alexis Gilroy |Lisa Ropple |Claire Castles |Jennifer Everett
The U.S. Department of Health and Human Services
("HHS") Office of Civil Rights ("OCR") has
entered into its first settlement of potential Health Insurance
Portability and Accountability Act ("HIPAA") violations
arising out of a ransomware attack, signaling OCR's continued
focus on data security.
