On July 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospitals, telehealth providers, health app developers, and other healthcare industry companies warning of the “serious privacy and security risks” related to the use of online tracking … Continue Reading
On June 16, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with genetic testing company Vitagene, Inc., now known as 1Health.io (1Health.io), for allegedly misrepresenting its security and privacy practices regarding its data storage, deletion, and usage. The FTC also alleged that the company unfairly changed material … Continue Reading
On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order)1 with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom). The FTC alleges Premom misrepresented its data sharing practices to consumers and failed to provide notice to users when it shared their health information without … Continue Reading
On May 18, 2023, the Federal Trade Commission (FTC) announced a number of proposed amendments to the Health Breach Notification Rule (the Rule), the latest in a series of actions taken by the agency to make health apps and other similar technologies (such as fitness trackers) subject to the Rule. If adopted, the proposed amendments … Continue Reading
On April 12, 2023, the Biden administration announced a notice of proposed rulemaking (NPRM) from the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), the agency responsible for enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The NPRM is designed to protect patient privacy as it relates to … Continue Reading
On April 27, 2023, Washington State Governor Jay Inslee signed a far-reaching health privacy law entitled the “My Health My Data Act” (the Act), which extends protections to consumer health data collected by entities not currently covered under the Health Information Portability and Accountability Act of 1996 (HIPAA). The Act may transform the already fast-evolving … Continue Reading
On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its website visitors’ and users’ “health information” to advertisers, despite making representations on the company’s website and in the company’s privacy policy that such information would … Continue Reading
On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that allegedly resulted in the disclosure of sensitive health information to third-parties. This is the first enforcement action the FTC has ever brought under the … Continue Reading
On June 24, 2022, the United States Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization,1 opening a legal path to state laws restricting or prohibiting access to certain reproductive health services. To enforce these laws, law enforcement officials may attempt to access individuals’ health information, including from technology platforms that process health information … Continue Reading
COVID-19 has rapidly accelerated our expectations that virtual connection can deliver better and more economical care. As a result, digital health companies have an unprecedented opportunity to innovate, but with that opportunity also comes significant regulatory challenges related to the collection and processing of personal health information. What legal requirements apply to processing of health … Continue Reading
