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

Continue Reading FTC Announces Settlement with BetterHelp for Disclosing Consumers’ Health Information to Third-Party Advertisers

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

Continue Reading FTC Announces First Enforcement Action Under the Health Breach Notification Rule Against GoodRx

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 on behalf of individuals or other businesses.
Continue Reading Privacy Post-Dobbs: Recent Guidance from U.S. Regulators

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 information? What are the risks associated with noncompliance? In this brief primer, we provide answers to these questions, and a window to what may lay next on the horizon.
Continue Reading Privacy and Security of Health Information: A Primer for Digital Health Companies